Happy (green) holidays and a sustainable new year

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Hogan Lovells

Consumers want to buy sustainable gifts in increasing numbers this holiday season. And brands of course, want to sell to them. The result is that brands are increasingly going green, by adopting sustainable business models and policies, and by investing time and resources in developing sustainable products.

However, the development of sustainable products or the implementation of green processes are often not enough to guarantee sales. Marketing campaigns are frequently the real key to success, especially during the holiday season when advertising campaigns proliferate.

A smart and festive trademark recalling the sustainable feature of a product is vital to create the right vibe around it, especially when the trademark can be easily remembered by consumers. Brands should however be careful in not choosing trademarks that are generic, deceptive or misleading. Indeed, a trademark that evokes features that are missing or insignificant could be declared void.

The way in which innovations are presented and promoted to the public is important, not only to ensure the commercial success of a product. They are especially important to prevent legal claims and avoid the most dreaded “greenwashing” blames.

A word of caution: “green marketing” concerns not only the trademarks adopted to distinguish the sustainable product or process, but also the ad lines and graphics used in advertising campaigns, and any other element used in connection with the product or process, including logos, designs and packaging. Choosing the wrong claim, advertising or communication strategy may trigger negative reactions from competitors, consumers, or even the authorities.

The tagline or claim used to promote a sustainable product or process should also be chosen very carefully to avoid misleading advertising or “greenwashing”. As a general rule, any claim should be fair, truthful and correct. If a brand is not able to provide scientific evidence that a product or service is sustainable, it should simply not state it. Similarly, brands should avoid using overly generic claims. Consumers do not easily forgive a false “green” claims and gaining again their trust could be a real challenge.

Authorities worldwide have not hesitated to take action and have repeatedly stated that the battle against greenwashing is a priority. With this in mind, brands should carefully consider any “green” marketing claims they make when promoting sustainable products this holiday season.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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