Greenwashing: A Guide for Charities

Misleading environmental claims continue to face legal and public scrutiny. The London School of Economics’ Grantham Research Institute on Climate Change and the Environment's latest annual climate litigation snapshot found that 'climate-washing' cases, a subset of greenwashing cases, are the most common type of climate case brought against corporate actors, and 65% of decided cases have gone the claimant's way.

The scope, however, is not limited to corporate actors. Charities are not exempt - and can be exposed not just by their own claims but also by how others represent their work.

For example, earlier this year the UK advertising regulator ruled that a nappy company’s “sustainable” and “better for our world” claims were misleading, claims the company had sought to justify in part by pointing to its partnership with a conservation charity.

With the support of Jasper Fawcett from Wynn Williams, we have prepared a greenwashing guide written specifically for charities. It is intended to help charities operating in Aotearoa New Zealand better understand their obligations and the risks posed by misleading environmental claims.

This guide covers:

• The basics of greenwashing and the law surrounding greenwashing in Aotearoa New Zealand;

• Specific greenwashing concerns for charities; an

• Practical recommendations on how charities may be able to reduce greenwashing risk.

We hope this guide will empower charities to make, comment on, or manage others' environmental claims with greater confidence.

Thank you to Jasper Fawcett of Wynn Williams for helping bring this guide to life. 

The guide is general in nature and isn't legal advice. If you're making, reviewing, or responding to a specific environmental claim, talk to a lawyer — and if you need one, we match charities and community groups with lawyers offering pro bono or reduced-fee help: www.lawyersforclimateaction.nz/pro-bono-assistance.