ABTA releases new guidance for members on greenwashing and environmental claims

ABTA – The Travel Association has published new guidance for members which gives an overview of the legal framework that businesses need to work within when they market and advertise their environmental credentials, with advice on how to avoid greenwashing.

The guidance, “Sustainability and Green Claims – marketing and advertising law,” looks at the approach of the Advertising Standards Authority (ASA) and the Competition and Markets Authority (CMA), which published its Green Claims Code in 2021, for businesses that market and advertise the environmental benefits of their travel services and products.

It also explains the application of the Consumer Protection from Unfair Trading Regulations 2008, enforceable by Trading Standards and the CMA, in respect of making false, incomplete or misleading environmental claims.

The regulators are paying particular attention to the language and the overall visual presentation of marketing and advertising communications.  They also expect businesses to be able to evidence their environmental impact claims.

Meera Tharmarajah, Solicitor at ABTA said: “ABTA members are doing lots of great work to address some of the environmental and socio-economic challenges around travel and tourism and want to communicate this to their customers.

“But it’s also important that members are aware of the legal landscape around green claims so that they don’t inadvertently find themselves in breach of relevant laws and rules.

“This is why we’ve developed this new guidance. We want members to be able to confidently communicate their actions and outcomes.” ABTA’s Travel Regulations conference, on Tuesday 14 November, will be looking at travel businesses ESG obligations and also the legal framework in respect of making green claims.