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How EY can help
As various jurisdictions shift from voluntary to mandatory environmental, social and governance (ESG) disclosures to align with new International Sustainability Standards Board requirements, additional product categories will be required to share product-level information about sustainability right on the label. Meanwhile, greater risks around liability and enforcement will also come into play.
This new reality isn’t limited to consumer brands and retailers. More broadly, banks, asset managers and insurers are under increasing pressure to demonstrate how investments align with their net-zero targets. Even North American forestry certification schemes relied on by brands making paper-based packaging and product claims are under scrutiny.
Taken together, these factors are creating a challenging landscape for consumer brands and retailers. Guidance on making green claims is not always clear. To complicate matters, regulations differ across jurisdictions, leading to a lack of harmonized legal definition of what is considered greenwashing. Reputable companies making genuine progress towards their sustainability targets may be hesitant to publish consumer-facing statements, a term referred to as green hushing. This growing trend may disappoint shoppers who are seeking detailed information when comparing products or researching sustainability practices of lesser-known brands.
As standards evolve to keep up with legislation, brands will need to stay nimble and adapt their marketing practices. That’s an opportunity. Companies and retailers have an opportunity to stand out in a busy marketplace and build customer trust by proactively communicating meaningful information shoppers seek while ensuring they have put in place proper due diligence measures to avoid communication mishaps.
At EY, we suggest consumer brands and retailers in Canada embrace five key recommendations to reduce these risks while continuing to meet customer demand for environmental information:
1. Track and monitor applicable laws and legislative developments in the countries where you sell products and inform your directors of the potential penalties and reputational risks if the company is caught misleading consumers about social and environmental attributes of products or company ESG performance. This includes monitoring laws and regulations around anti-competition, textile and product labelling, green claims, eco-design, right-to-repair as well as ESG disclosures about performance and the risk of modern slavery in supply chains.
2. Refrain from making vague or general claims that could unintentionally mislead consumers to think the product, service or company has no detrimental impact on the environment. Be specific with language about product attributes and clear about the limits of the statement being made. Neither should be false or misleading. To avoid costly product recalls and penalties, sustainability, product compliance and marketing teams should work together to ensure that any marketing campaigns, logos, ads and packaging have been adequately reviewed and signed-off before going to print.
3. Secure robust documentary evidence from suppliers, accredited labs and third parties to objectively substantiate and validate any claims. Evidence collected should be grounded in science, verifiable, based on adequate and proper testing and, if applicable, follow a chain-of-custody framework along the supply chain.
4. Use caution when publishing environmental claims around net zero that are not supported by a verifiable strategy to deliver them. Net-zero targets may need to be revisited if the baseline year used to set targets is no longer representative of the company’s current greenhouse gas emissions profile and the variance is material.
5. Ensure proper governance and due diligence over all non-financial disclosures. Obtaining limited or reasonable assurance on non-financial reports and statements and aligning social or environmental claims with those disclosures could reduce regulatory and litigation risks.