Context: The Advertising Standards Council of India (ASCI) has finalised guidelines to prevent deceptive or unsubstantiated environment-related claims by brands in advertising. Thus, checking claims of greenwashing.
Need for Such Regulation
The need for regulations, such as those now ASCI has brought, arises due to practices like greenwashing.
Greenwashing involves making false or misleading environmental claims about products, services, processes, brands, or operations with the intent to create an impression that they are more environmentally friendly than they truly are. This can include unsubstantiated claims like "environment-friendly" or "free from," among others.
- Greenwashing is a significant concern as it deceives consumers and goes against the principles outlined in Chapter I of the ASCI code on misleading advertisements.
- To address and prevent such deceptive practices, ASCI has introduced guidelines.
- These guidelines serve as a framework to ensure that companies adhere to ethical advertising practices and do not breach the principles outlined in Chapter I of the ASCI code.
About Regulations
- Absolute Claims: Claims such as “environment-friendly”, “sustainable” etc. must be substantiated by robust data or credible accreditations. Disclaimers or clarifications cannot dilute such claims.
- Comparative Claims: Claims like “greener” or “friendlier” should be supported by evidence showing environmental benefits over previous products or competitor products, and the basis of comparison must be clear.
- General Environmental Claims: Must be based on the full life cycle of the product or service, unless stated otherwise, and should specify the limits of the life cycle. Misleading claims about the total environmental impact are not allowed.
- Specificity of Claims: Advertisers should specify whether the claim refers to the product, packaging, service, or a portion of them, unless it is clear from the context.
- “Free-of" Claims: Claims about the absence of environmentally damaging ingredients must not mislead consumers, and disclaimers should be added if necessary. As it may be deceptive to claim that a product is “free-of” a substance if it is free of one substance but includes another that is known to pose a similar or higher environmental risk.
- Use of Certifications: If certifications or seals of approval are used, advertisers should clarify what attributes have been evaluated, and the certifying agency should be nationally/internationally accredited.
- Visual Elements: Visual elements should not convey a false impression of a product's environmental impact, and the use of logos or colour schemes related to nature should be directly connected to environmental claims. E.g., logos representing a recycling process on packaging and/or in advertising material.
- Aspirational Claims: Advertisers should avoid making aspirational claims about future environmental objectives unless they have clear and actionable plans delineating how these objectives will be achieved.
- Carbon Offset Claims: Advertisers should disclose if carbon offsets do not occur within the next two years, and they should not imply that a carbon offset represents an emission reduction if it was required by law.
- Product Attributes Claims: Claims about composability, biodegradability, recyclability, non-toxicity, etc., should be qualified, and scientific evidence must support these claims.
By regulating and monitoring advertising content, ASCI plays a crucial role in safeguarding consumer interests and promoting truthful and transparent communication in the marketplace. These guidelines about environment related claims are going to be effective from February 15th, 2024.
About Advertising Standards Council of India (ASCI)
- Advertising Standards Council of India (ASCI) was established in 1985. It serves as a self-regulatory body for the Indian advertising industry.
- ASCI's code is an integral part of The Advertising Code enshrined within the Cable TV Networks (Regulation) Act of 1994, providing it with a legal foundation.
- ASCI was formed by representatives from the four pillars of the industry itself
- Businesses that sponsor/pay for the advertising.
- Ad agencies that conceptualise and give them a form.
- Media that carry these ads.
- Allied professions such as market research that support the development of communication.
Functions of Advertising Standards Council of India
- Monitoring Advertisements: ASCI scrutinizes advertisements across various media types and formats, including TV, print, digital, outdoor, radio, point of sale, and claims made on packaging, among others.
- Consumer Protection Collaboration: ASCI collaborates closely with different stakeholders to address matters related to consumer protection in the advertising industry.
- Expertise in Advertising Depictions: Leveraging its extensive panel of advertising and technical experts, ASCI has established expertise in evaluating advertising depictions, claims, and representations.
- Pre-Production Advisory: Many organisations voluntarily submit their advertisements at a pre-production stage to ASCI, seeking non-binding advice on whether the ad might potentially violate any ASCI code.
- Endorser Due Diligence Service: ASCI provides an Endorser Due Diligence service, assisting endorsers in meeting their obligations to ensure that the ads they feature in do not make misleading claims and potentially violate the law.
Complaint Management
ASCI resolves issues in advertisements that relate to
- Dishonest or misleading ads
- Indecent or offensive ads
- Harmful ads
- Ads that are unfair in competition.
