In the era of increased environmental awareness, the spotlight on green claims has never been more intense. As consumers are concerned about global heating and ecological sustainability, they are scrutinizing products like never before, seeking eco-friendly options that align with their values. In response, businesses have responded to this concern and consumers’ purchase interest, with brand-owners increasingly highlighting the benign or even beneficial effects their products and services have on the environment fostering a surge in green marketing initiatives. Yet, amidst this push for sustainability, the risk of being accused of greenwashing is omnipresent. As environmental characteristics of products and services are highly technical and the understanding of the various concepts involved is continuously changing, en­vir­on­ment­al/sus­tain­ab­il­ity claims raise a significant risk of confusing and misleading consumers. Many companies have fallen foul of advertising standards in this area recently. Given the high sensitivity of environmental claims and the reputational damage that can result from allegations of greenwashing, it is particularly important to make sure environmental claims are compliant. By ensuring truthful, accurate and unambiguous information is always given to the consumers, companies can avoid the risks and build a reputation for authenticity in their sustainability advertising and communications. CMS guides companies through the maze of regulations and case law and advise on the steps a company can take to ensure their advertising is not only compliant but also authentic and impactful. The priority questions we address are: Which green claims are likely to raise litigation or regulatory enforcement risks?What can businesses do to mitigate these risks?What are the likely claims/en­force­ment that could arise?Who is likely to make a claim?What are the risks in the event of a violation or a complaint? What future regulatory measures are expected and what companies have to do now to be prepared? We offer various solutions to help you be compliant and avoid accusations of greenwashing: Sustainability claim checks including regulatory risk matrix as well as litigation: evaluating the planned claims and mapping their risk as well as developing compliant marketing strategies and claims custom-tailored to your business's unique pro­file;Sus­tain­ab­il­ity-re­lated litigation: providing comprehensive support in legal disputes in the area of advertising with environmental claims;Training sessions: to empower your legal, compliance and sustainability as well as advertising teams with in-depth knowledge of sustainability risks and mitigation strategies; andBoard packs: to equip your directors/board members with actionable insights into greenwashing risks, ensuring they steer the company toward sustainable strategies with confidence and integrity.  For an initial conversation on how we can support you on greenwashing risk, please reach out to the lawyers listed on this page or to your usual CMS contact.

Medical use Growing, selling and importing medical cannabis is allowed on the condition that the authorisation of the Ministry of Health is obtained. Cultivation, sale and import are currently mainly...

On 1 March 2024, Decree No 232/2023 (the “Decree”) implementing Article 10(6) of Law No 24/2017 (the “Gelli-Bianco Law”) was finally published, almost 7 years after the enactment of the law regulates...

Our CMS Disputes Talk podcast series is delving into the hottest trends in dispute resolution. Join us as we navigate the ever-evolving landscape of legal conflicts, offering insightful discussions, expert...

Welcome to our winter 2023 edition of the International Disputes Digest, analysing current trends in dispute resolution around the world with insights into, and potential solutions for, the challenges facing global business. With unrest and uncertainty reigning in both Europe and the Middle East, never has the guidance in this digest been more applicable. In Europe, the war in Ukraine is now in its second year. Apart from the incalculable human cost, this conflict continues to impact energy prices, supply chains, political stability, and isolates the Russian Federation from the international business community. The war in Israel is equally tragic in terms of human suffering with an impact that is reverberating internationally. As for the pandemic, COVID-19 restrictions are largely over with no indication that they will return in the near future. The COVID-19 virus, however, remains a threat – although arguably a less lethal one – and a public-health concern that is likely to remain indefinitely. The articles in this digest consider strategies to mitigate the impact of those challenges and others that may be affecting your business. We hope you enjoy reading it and wish you a peaceful festive break, with best wishes for 2024. 

Digital Health Apps/Software 1. How is the software within digital health apps classified in your jurisdiction, and what regulation(s) apply? 1.1 Is it considered a “medical device” or a “product”...

Even though political debates have focused for years on the issue of shortening the duration of trials in court proceedings, statistics indicate that Italy is still one the EU countries with the longest...

While still under parliamentary discussion, the potential impact of the obligation for insurance against catastrophic risks is certainly a measure that, if confirmed, could prove to be of fundamental...

1. Introduction Insurance activity can be undertaken in Italy by i) an Italian insurance company that has met all the conditions set by the applicable Italian law and regulations and that has been admitted...