Environmental Advertising Complaints: Reinforcing Standards and Promoting Trust

The Advertising Standards Authority (ASA) takes a structured approach to adjudicating advertising complaints, focusing on upholding transparency, honesty, and compliance with the ASA Code of standards. Central to this is the role of an independent Complaints Council, who determine the adjudication of ad complaints and publish their decisions to set clear precedents and reinforce the Code. This approach serves as a powerful “name and shame” measure in line with Europe-wide ad regulatory practices.

ASA’s Focus on Environmental Claims

Environmental claims have emerged as a significant focus for the ASA, with advertisements requiring robust substantiation to ensure consumers are not misled. In recent years, ASA has upheld complaints across various sectors, including agriculture, dairy, and energy, with adjudications involving prominent companies. These rulings, available here have clarified standards around claims of “100% green energy”, which the ASA found were often misleading due to lack of proper substantiation.

Last year, working with the Commission for Regulation of Utilities regarding environmental claims, ASA established that claims stating 100% green energy could be delivered directly to end users were in breach of the Code. This was a ground breaking and significant decision factor, as the Complaints Council had to take account of the EU scheme in relation to Guarantees of Origin.

Precedents Set in Dairy Industry Claims

In 2023 and 2024, ASA’s rulings on claims in the Irish dairy industry highlighted the rigorous standard of evidence and substantiation required in advertising. For example, ads that referenced the Irish dairy sector as “the most greenhouse gas emissions-efficient product system in Europe” or claimed that Irish milk production was “sustainably produced” were found to lack sufficient proof and were deemed in breach of the Code. These decisions have broader implications, setting a standard for other advertisers on what constitutes adequate substantiation of sustainability claims.

Greenwashing and Greenhushing

The ASA addresses both greenwashing – when ads exaggerate or misrepresent environmental benefits – and greenhushing, where companies avoid highlighting their sustainable practices to avoid potential scrutiny. The ASA is committed to helping companies communicate genuine sustainability claims by providing resources and guidance, supporting the public in making better choices while promoting honesty and clarity in advertising.

Collaborative Initiatives and Stakeholder Engagement

To combat misleading green claims, the ASA is a member of the Joint Green Claims Taskforce and collaborates with European and Irish consumer protection authorities to align practices and set clear standards for sustainable advertising. Initiatives like Ad Net Zero Ireland also benefit from ASA’s support, with their mission of reducing carbon emissions from the advertising sector and promoting sustainable consumer choices.

ASA is a member and contributor of the newly formed ICAS Global Think Tank, a new initiative dedicated to fostering self-regulatory engagement, critical thinking and research to advance responsible advertising worldwide.

ASA’s ongoing relationships with entities such as the Competition and Consumer Protection Commission (CCPC) and Sustainable Media Ireland further strengthen its regulatory reach. In addition, recent governance enhancements, including appointing independent directors to the ASA Board, underscore its commitment to maintaining an impartial and robust regulatory framework.

Building Public Trust in Advertising Standards

ASA’s purpose is to foster trust in advertising for all, and public awareness is very important in building trust. In 2023 and 2024, ASA’s decisions received broad media attention, reaching an estimated 40 million through diverse media outlets. This reflects ASA’s impactful role in shaping industry standards, advancing responsible advertising, and supporting a sustainable future for Irish consumers.

In conclusion, ASA’s proactive stance in adjudicating environmental advertising complaints promotes trust and transparency within the advertising industry. With a robust network of stakeholders, a commitment to independent governance, and an ever-expanding influence through a number of Irish, European and International initiatives, ASA continues to lead the way in responsible, sustainable advertising practices.