Written By: Meghan Wright
In the United Kingdom, Unilever, which owns many popular brands such as Dove and Hellman’s, is being investigated by the Competition and Markets Authority (“CMA”) regarding concerns of the use of greenwashing tactics.[1] ‘Greenwashing’ is a term used to describe deceiving efforts by a brand to make their goods seem more sustainable in order to appeal to the environmentally conscious consumer.[2]
The CMA believes that Unilever may have embellished the natural quality of ingredients and therefore misled their consumer’s impressions of the products.[3] Their concerns related to the possible use of “vague and broad claims, unclear statements around recyclability, and ‘natural’-looking images and logos.”[4] An example noted of such an image is the use of green leaves in marketing and on packaging.[5] Additionally, Unilever’s website includes an entire page detailing their sustainable efforts, stating in-part, “our business simply will not prosper without a healthy planet and society.”[6] The company continues: “to deliver the ambitious sustainability agenda in the Unilever Compass, we’re harnessing our brands, our people and our partners to tackle the issues our consumers and stakeholders care deeply about, such as climate change, plastic pollution and inequality.”[7]
This investigation follows a wider investigation in the United Kingdom into claims of greenwashing in marketing.[8] It has been reported that shoppers in the UK annually spend an average of £140 billion on household goods- which translates to roughly $175 billion dollars.[9] According to the CMA, 91% of all dishwashing products and 100% of all toilet products are marketed as being environmentally friendly.[10] Notably, Unilever’s most popular products include Dove soap and Lynx deodorant.[11]
Sarah Cardell, the chief executive of the CMA, has stated that the initial review of Unilever has uncovered evidence that has “raised concerns about how Unilever presents certain products as environmentally friendly.”[12] Cardell acknowledged that green efforts have become increasingly popular, and therefore, may in-tandem, lead to an increase in misled consumers- believing green claims from companies.[13] Cardell stated, “We’ll be drilling down into these claims to see if they measure up,” and if claims are found to be true, guarantees that appropriate action will be taken.[14]
Unilever has responded to the investigation by remarking that they are “surprised and disappointed” and deny the use of any greenwashing tactics, describing their product claims to be “transparent and clear.”[15] Unilever will continue to cooperate with the investigation and the CMA.[16] There is no publicly-indicated timeline to the end of the investigation.[17] The CMA has indicated that possible courses of action include court proceedings, securing undertakings from Unilever, or no further action.[18]
[1] Josh White, ‘CMA To Probe Unilever’s Environmental Claims’, Law360, (Dec. 12, 2023, 3:15 PM), https://www.law360.com/articles/1776189/cma-to-probe-unilever-s-environmental-claims.
[2] See Courtney Lindwall, ‘What is Greenwashing?’, NRDC, (Dec. 28, 2023, 11:40 AM), https://www.nrdc.org/stories/what-greenwashing.
[3] White, supra note 1.
[4] Hannah Ziady, ‘Unilever investigated in the UK over ‘green’ claims about its products’, CNN, (Dec. 12, 2023, 6:29 AM), https://www.cnn.com/2023/12/12/business/unilever-cma-greenwashing-probe/index.html.
[5] White, supra note 1.
[6] Planet & Society, Unilever, https://www.unilever.com/planet-and-society/ (last visited Dec. 29, 2023).
[7] Id.
[8] Id.
[9] Id.
[10] Sam Gruet, ‘Dove and Marmite maker Unilever faces investigation over green claims’, BBC, (Dec. 12, 2023, 5:53 PM) https://www.bbc.com/news/business-67658043.
[11] White, supra note 1.
[12] Id.
[13] Id.
[14] Id.
[15] Id.
[16] Id.
[17] Ziady, supra note 4.
[18] Id.