Developments in Morocco concerning green claims and the associated risk of greenwashing
The Moroccan government is clearly focused on environmental issues, as demonstrated by its international commitments. In addition, Moroccan consumers are increasingly considering the ecological aspects of the products and services they consume and their preference for eco-friendly products is therefore becoming more apparent. As a result, Moroccan and foreign companies operating in Morocco are gradually aligning their production and image with an eco-friendly approach.
Highlights
In Morocco, the practice of greenwashing is less pronounced depending on the consumer sector, but still present. In the food market, consumers tend to buy products that are perceived as “eco-friendly” in appearance. Consumer orientation towards “green products” is partly obstructed by the high price of products that are not in line with this marketing strategy.
The corporate orientation towards adopting a green practice and/or green marketing is not generalized to all companies in all sectors. In the current situation, the companies that adopt green practices are divided into those that focus their financing on greening a product and those that, despite the deceptive aspect of their approach, consider it more promising to opt for a marketing process that is far removed from reality.
In fact, this second type of company spends more money on advertising and communication disguised as green than on actions in favor of the environment. Others change their visual identity (logo) or use ecological or environmentally friendly slogans to deceive consumers.
1. Greenwashing in Morocco: a practice studied by associations.
Although the manifestation of greenwashing is discreet, this practice is discussed and tackled by associations.
For example, the Green Invest association of the Settat National School of Business and Management has highlighted the misuse of the concept of ecology by companies to give themselves an environmentally friendly image that is often not representative of their products.
This practice is perceived as being misleading to the public. The association advocates the protection of nature as a major duty that must be fulfilled to the maximum extent, highlighting any company that uses the ecological argument in its communication strategy when its product (or service) has no benefit for the environment. It also establishes a form of corporate responsibility by considering environmental protection as part of the activity of all parties concerned, i.e., companies (in line with environmental regulatory requirements), associations and consumers.
For their part, environmental and consumer associations intend to limit or even mitigate corporate greenwashing through reports and articles so that consumers can develop a sense of distinction between a good-faith environmental practice and a deceptive one.
2. Highlighting the elements that enable the identification of a greenwashing practice.
The role of associations is specifically to inform and protect consumers. In the present context, the entities concerned, namely the aforementioned association, limit the practice of greenwashing by highlighting the elements that enable an environmentally friendly practice to be considered greenwashing.
In this sense, the disparity between the nature of the product and its ecological interest, which is minimal in reality but promoted through advertising material, is a clear case of greenwashing, in addition to the ecological explanations given on the packaging, which appear vague and imprecise; this is clearly not the case for a product that genuinely uses ecological components and processes and whose nature does not contradict the approach adopted in favor of the environment.
As a logical consequence, the lack of information resulting from a brief and inaccurate description of the ecological character is no less important than its contribution to the product. The focus on image and the use of false labels must also be considered.
In order to detect greenwashing practices, it is necessary to go a step further and consider requesting proof of the adoption of an ecological orientation from the company concerned. Special attention has been paid to false exclusivity, i.e., the appropriation by a company of an environmental interest as exclusive, when it is in fact a legal obligation.
3. The necessary legislative framework for the practice of greenwashing
Since greenwashing is only a recent practice in Morocco, no corresponding legislative and regulatory texts have yet been adopted. However, law n° 49-17 relating to environmental impact assessment regulates the evaluation of the effects of a project on the environment, which must be carried out by any individual or legal entity under public or private law.
Nevertheless, the law provides that the practice of greenwashing will be taken into account and directly sanctioned by the Moroccan legislator, who may adopt provisions specifically applicable to companies that abuse the practice of greenwashing.
As an example, Moroccan law requires listed Moroccan companies to publish an ESG/CSR report in accordance with circular no. 3/19 on operations and financial information issued by the Moroccan Capital Market Authority.
In addition, there are recurrent suggestions that the practice of greenwashing could be legally sanctioned. It is envisaged to establish a legal connection between deceptive publicity, which is regulated by article 21 of law n° 31-08 relating to consumer protection. Despite the difficulties of relating the practice of greenwashing to the notion of deceptive publicity, legal doctrine seeks to establish a legal framework and, consequently, to sanction companies that abuse this practice.
Given the importance of the ecological dimension in the economic and political orientation of the Moroccan state, it is undoubtedly necessary for the legislator to adopt a law that directly regulates the practice of greenwashing.
