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Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Green claim · United Kingdom · 2024

UK competition authority accepts undertakings from ASOS, Boohoo and George at Asda on green claims (2024)

Short record: the main facts, with sources. A full case file has not been prepared.

Nature's voice · report
Things were done in my name here. No one has measured what reached me.
Did nature suffer? Not measured.
Not on record
  • The record does not name which of my species, waters, soils or forests were harmed.
What the record lacks: 4 none on record · 1 not measured See the gaps

On 27 March 2024 the UK Competition and Markets Authority (CMA) announced that ASOS, Boohoo and George at Asda had signed formal undertakings to use only accurate and clear green claims, after an investigation opened in July 2022. The undertakings were given voluntarily and without any admission of wrongdoing or liability.

Undertakings accepted from three fashion retailersCMA outcome, 27 March 2024
Voluntary undertakings, without admission of wrongdoing or liability; the CMA said only a court can decide whether a breach has occurred.

Status As of 27 March 2024: undertakings accepted, without admission of wrongdoing; no later developments in the sources reviewed.

What?
The CMA accepted undertakings from ASOS, Boohoo and George at Asda to use only accurate and clear green claims, without any admission of wrongdoing or liability. Competition and Markets Authority (GOV.UK press release)
When?
Investigation opened July 2022; undertakings announced 27 March 2024. Competition and Markets Authority (GOV.UK press release)
Who?
Gained
None on record
Lost
None on record
Harmed
None on record
Why?
The CMA opened the investigation after identifying concerns of possible greenwashing in its initial review of the fashion sector. Competition and Markets Authority (GOV.UK press release)
How?
Formal undertakings given to the CMA, with regular compliance reports, in place of a finding on the claims. Competition and Markets Authority (GOV.UK press release)
5 of 6 questions answered from the record · open: who

What happened

The record, in order.

On 27 March 2024 the CMA announced that ASOS, Boohoo and George at Asda had signed formal undertakings committing them to change the way they display, describe and promote their green credentials. The CMA said the three firms together make over £4.4 billion annually from UK fashion sales alone, and that it had opened its investigation in July 2022 after identifying concerns of possible greenwashing in an initial review of the fashion sector.

Among other things, the undertakings require the firms to ensure all green claims are accurate and not misleading; to use specific terms such as "organic" or "recycled" rather than ambiguous ones such as "eco", "responsible" or "sustainable" without further explanation; to set out the criteria for green ranges, such as ASOS's former "Responsible edit", Boohoo's "Ready for the Future" and George at Asda's "George for Good"; not to use natural imagery such as green leaves in a way that suggests a product is more environmentally friendly than it is; to keep search filters accurate; to support any environmental target with a clear and verifiable strategy; and not to mislead on accreditation schemes. The firms must report regularly to the CMA on compliance. The CMA also issued an open letter urging all fashion retailers to review their claims.

The CMA stated that the undertakings were given voluntarily and without any admission of wrongdoing or liability, and that it should not be assumed that the firms have breached the law because only a court can decide whether a breach has occurred.

  1. 202229 July: CMA opens its investigation into ASOS, Boohoo and George at Asda over fashion green claims
  2. 202427 March: CMA announces undertakings from ASOS, Boohoo and George at Asda and issues an open letter to the fashion sector

What was said

Claims, in the words of those who made them.

“Following our action, the millions of people who shop with these well-known businesses can now have confidence in the green claims they see.”

How it looked

What was shown, beside what was recorded.

Shown

  • Green ranges and related claims named by the CMA: ASOS's former "Responsible edit", Boohoo's "Ready for the Future" and George at Asda's "George for Good"; terms such as "eco", "responsible" and "sustainable"; natural imagery such as green leaves.
    ASOS, Boohoo and George at Asda, as described by the CMA · Competition and Markets Authority (GOV.UK press release)

Recorded

  • The CMA accepted undertakings from ASOS, Boohoo and George at Asda to use only accurate and clear green claims; they were given voluntarily and without any admission of wrongdoing or liability.
  • The firms must regularly provide the CMA with reports on how they are complying with the undertakings.
  • When it opened the investigation on 29 July 2022 the CMA said it would examine whether the firms' statements were too broad and vague, whether the criteria for green ranges such as ASOS's "Responsible edit" might be lower than customers would expect (for example, some products might contain as little as 20% recycled fabric), and whether statements on fabric accreditation schemes were potentially misleading; it said it had not reached a view on whether there had been any breaches of consumer protection law.

In nature's name

What was promised in nature's name, the money that moved, and what was measured.

What was measured

Not measured

The outcome is a set of undertakings with no finding on the claims. No independent measurement of an environmental benefit from the retailers' green ranges or products is on record in the sources reviewed.

Regulator's outcome
Undertakings accepted; no admission of wrongdoing
Independent measurement of environmental benefit
None on record
No measurement in the sources reviewed

Findings on record

  • Registry action UK Competition and Markets Authority (CMA) (2024-03-27) · Undertakings accepted from ASOS, Boohoo and George at Asda; given voluntarily, without admission of wrongdoing or liability: “must ensure all green claims are accurate and not misleading” Competition and Markets Authority (GOV.UK press release)

In court and with insurers

Every proceeding and every insurer decision on record.

Lawsuits and rulings

  1. 2024-03-27Settled
    CMA undertakings on green claims: ASOS, Boohoo, George at Asda
    UK Competition and Markets Authority (CMA) · Regulatory · CMA → ASOS, Boohoo and George at Asda

    The CMA accepted undertakings on green claims, given voluntarily and without admission of wrongdoing or liability; the CMA said only a court can decide whether a breach has occurred. Competition and Markets Authority (GOV.UK press release)

Insurers

No insurer decision on record.

What nature saw

Outcomes measured on the ground, and nature's note.

Nature's report opens this page. Below: further outcomes measured on the ground.

Regulator's outcome
Undertakings accepted; no admission of wrongdoing
CMA, 27 March 2024
Independent measurement of environmental benefit
None on record
No measurement in the sources reviewed

What we don't know

Undisclosed, unproven, untried: recorded as data.

Nature

  • Not measured Harm to nature: The record holds no measurement of harm to nature.

Record

  • None on record ASOS's, Boohoo's and Asda's own responses: not on record in the sources reviewed.
  • None on record The sources reviewed give no penalty or payment.
  • None on record The sources reviewed do not state whether the undertakings can be enforced in court.
  • None on record The text of each firm's undertaking is not among the sources reviewed; the CMA's press release and case page list the main terms.

Did the harm stop?

Not established in the sources reviewed.

Who paid?

No payment is recorded in the sources reviewed.

Sources

Voices on record: — Company or project✓ Government and regulators— Courts— Press and investigations— Communities and civil society— Researchers

Government and regulators

  1. Green claims: CMA secures landmark changes from ASOS, Boohoo and Asda
    Competition and Markets Authority (GOV.UK press release) · 2024-03-27
  2. Fashion greenwashing: investigation into ASOS, Boohoo and Asda
    Competition and Markets Authority (GOV.UK case page) · 2024-03-27