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Tuesday 12 December 2023

Anti-Greenwashing Guidance

Source

The UK's Financial Conduct Authority is proposing guidance for firms making sustainability claims in their promotional material, to avoid exaggerated and misleading messages. This includes situations where non-FCA authorised firms are getting promotions approved by FCA-authorised firms. The guidance will be finalised in Q1 2024, to take effect with the anti-greenwashing rule on 31 May 2024.

References to 'sustainability' must be:

  1. Correct and capable of substantiation;
  2. Clear and presented so as to be understood;
  3. Complete and not omit/hide key information;
  4. Take into account the full lifecycle of the product;
  5. Fair and meaningful in relation to any comparisons made.

The Anti-greenwashing rule provides:

ESG 4.3.1 R (1) This rule applies to a firm (whether it is undertaking sustainability in-scope business or not) which: 

(a) communicates with a client in the United Kingdom in relation to a product or service; or 

(b) communicates a financial promotion to, or approves a financial promotion for communication to, a person in the United Kingdom.

(2) A firm must ensure that any reference to the sustainability characteristics of a product or service is: 

(a) consistent with the sustainability characteristics of the product or service; and  

(b) fair, clear and not misleading.