In the face of growing interest in greenwashing1 and discussions about greenwashing regulations, on October 31, 2023, the Ministry of Environment (the “MOE”) and the Korea Environmental Industry & Technology Institute (the “KEITI”) published the “Guidelines for Labeling and Advertising of Eco-friendly Business Activities” (the “Guidelines”) on corporate compliance with labeling and advertising for eco-friendly business activities. Along with the “Review Guidelines for Labeling and Advertising Related to the Environment” that were amended and implemented by the Korea Fair Trade Commission (the “KFTC”) in September 2019, the Guidelines are expected to serve as the main reference material for determining and regulating labels and advertisements that raise greenwashing concerns in Korea. The key details and implications of the Guidelines are as follows:
Basic Principles of Labeling and Advertising of Eco-friendly Business Activities
The Guidelines set forth eight basic principles of labeling and advertising of eco-friendly business activities. The eight basic principles set forth in the Guidelines are identical to the principles set forth in Article 16-10 of the Environmental Technology and Industry Support Act as well as the basic principles stipulated in the “Public Notice on the Management System for Labeling and Advertising of Environment-Friendliness.” However, the Guidelines provide some specific explanations and examples with regards to labeling and advertising of eco-friendly business activities. The details are as follows:
Basic Principles |
Description |
Example |
Truthfulness |
Contents, expressions, and methods of environmental labeling and advertising shall be based on facts and should be clear and accurate enough so that there is no risk of deceiving or misleading the public directly or indirectly. |
|
Clarity of expression |
Contents, expressions, and methods of advertisements – such as phrases (slogans), designs, location, and the size and color of fonts – shall be accurate and clear. In addition, such contents should not be likely to deceive or mislead the public directly or indirectly. |
[Bad example] “No. 1 company in the industry recognized for sustainability by Newspaper X” |
Specificity of the subject |
The labeling/advertising shall be indicated in a detailed manner so that the public can clearly recognize whether the label/advertisement pertains to all or part of the company (or whether the label/advertisement pertains to all or some of the company’s products). |
[Bad example] “Introduction of eco-friendly fuel” |
Substantiation |
The environmental claims used in corporate image advertising shall not be exaggerated beyond the actual degree of improvement in environmental friendliness, and the level of environmental improvement shall be presented to the public based on detailed grounds that are numerically meaningful. |
[Bad example] “Water use and wastewater reduction by 2030” |
Voluntariness |
Labeling/advertising shall not indicate that a company voluntarily made an environmental improvement when such environmental improvement was mandatory under applicable laws. |
[Bad example] “Enhanced eco-friendly management by reducing air pollutants” |
Completeness of information |
There should be no risk of directly or indirectly misleading the public by omitting, concealing, or downsizing important information that is necessary for the public’s judgment. |
[Bad example] “Group X is reborn as an environmentally-conscious company by expanding R&D and investment in eco-friendly businesses” |
Relevance |
Labels/advertisements shall be made without misleading the public with regard to improvements in environmental impacts that are unlikely to occur; also, labels/advertisements shall be directly related to a company’s business activities. |
[Bad example] “Corporate activity to reduce plastic by introducing paper straws at a café in the company” |
Verifiability |
Labels/advertisements shall be verifiable based on the latest objective and scientific evidence that is accurate and reproducible. |
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Types of Eco-friendly Labels/Advertisements
The Guidelines categorize labels and advertisements for eco-friendly business activities into the following eight categories and provide compliance requirements for each category (labeling and advertising methods and details for verification) as well as “good examples” and “bad examples.”
Type |
Key Details |
Example |
Labels/advertisements with regard to the intent to operate a business in an eco-friendly manner |
|
[Bad example] “50% reduction in greenhouse gas emissions by 2030” (there is a risk of violating truthfulness, specificity, completeness, and verifiability principles) [Good example] “50% reduction in greenhouse gas emissions by 2030 from the 2020 level: 20% by 2024 → 30% by 2026 → 50% by 2030” [Good example] “We are increasing the share of ESG investment (climate change, renewable energy, etc.) by X%* every year for sustainable management” |
Labels/advertisements on the acquisition of environment-related certifications, etc. |
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[Bad example] “Since obtaining the Eco-Friendly Hotel Service Certificate in 2013 for the first time among hotels in Korea, we have been actively taking the lead in eco-friendly activities at our hotels through continuous renewal” (there is a risk of violating truthfulness, completeness, and verifiability principles). [Good example] “Resort X obtained the Zero Waste to Landfill (“ZWTL”)* certification (gold grade) in 2022 by achieving a 95% workplace recycling rate” |
Labels/advertisements about reduction of greenhouse gas emissions |
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[Bad example] “We will reduce greenhouse gas emissions by 68 million tonnes throughout the entire process (materials-production-transportation-use-recycling/disposal) by achieving carbon reduction certification by 2050” (there is a risk of violating truthfulness, specificity, reasonableness, completeness, and verifiability principles). [Good example] “Achievement of GHG emission allocated (70,000tCO2-eq)” in the case of complying with legal obligations, and “Achievement of emission reduction (65,000tCO2-eq), which represents 7.1% more reduction than the GHG emission reduction target” in the case of voluntary environmental improvement. [Good example] “Company X will try to reduce greenhouse gas emissions by 75% by 2050 for the Earth” |
Labels/advertisements about Carbon Neutrality Claims |
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[Bad example] “Company X plans to announce a 2040 carbon neutrality vision to focus on reducing greenhouse gas emissions through process efficiency in the short term. Company X aims to realize complete carbon neutrality by developing innovative technologies and expanding eco-friendly business in the mid- to long-term” (there is a risk of violating truthfulness, specificity, completeness, and verifiability principles). [Good example] “Compensation for reduction in CO2 emissions: 1.2 million tonnes of carbon emitted during flights (Gimpo-Jeju in 2023) will be offset by Project Y (third party verification has been completed and relevant information can be found on our website)” |
Labels/advertisements regarding the expansion of the use of new and renewable energy |
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[Bad example] “Company X to switch to renewable energy sources for workplace electricity” (there is a risk of violating truthfulness, specificity, reasonableness, and verifiability principles) [Good example] “Company X is gradually expanding the ratio of new and renewable energy to improve energy efficiency” |
Labels/advertisements with regard to the reduction in use of raw and subsidiary materials and water |
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[Bad example] “Production of packaging materials using the XX process reduces the use of ink by up to 1,600 tons a year” (there is a risk of violating truthfulness, specificity, reasonableness, and verifiability principles) [Good example] “20% reduction in the use of raw and subsidiary materials in the production of the same quantity of products in 2021 compared to 2020” |
Labels/advertisements relating to the reduction of waste generation |
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[Bad example] “Plan to reduce waste generation by 80% by introducing new facilities to realize eco-friendly plants” (there is a risk of violating truthfulness, specificity, reasonableness, relevance, and verifiability principles) [Good example] “For the environment, we strive to maintain a recycling waste rate of 30% or higher every year” |
Labels/advertisements with regard to support for subcontractors’ environmental management |
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[Bad example] “Company X has strengthened its commitment to win-win cooperation by promising to provide KRW 50 billion in subsidies for water management of its subcontractors” (there is a risk of violating truthfulness, specificity, completeness, and verifiability principles). [Good example] Company X’s Public Transportation Campaign: “We are seeking to reduce greenhouse gas emissions through public transportation campaigns; these campaigns will promote our employees and subcontractors’ employees to ride public transportation three times a week. We will provide reward points to those who certify riding public transportation three times a week” |
Implications
Recently, the controversy over greenwashing has emerged not only in product advertisements, but also in various other areas such as corporate declarations of carbon neutrality, public disclosures, press releases, and postings on social media. Accordingly, there has been an increasing possibility of (i) stakeholders (such as investors and consumers) raising issues from the standpoint of ESG activities as well as (ii) the relevant authorities imposing regulations. If a company’s labeling/advertisement regarding a product’s environmental friendliness is found to be greenwashing, there is a risk that sanctions – such as a corrective order, administrative fine, administrative surcharge, and criminal punishment – may be imposed pursuant to the Environmental Technology and Industry Support Act, the Act on Fair Labeling and Advertising, and other relevant statutes. This may have a negative impact on the company from an ESG risk management perspective.
Therefore, businesses intending to make labeling or advertising claims that highlight a product’s environmental impact should be fully aware of the details of the “Public Notice on the Management System for Labeling and Advertising of Environment-Friendliness” and the “Labeling and Advertising Guidelines for Eco-Friendly Business Activities” published by the MOE and the KEITI – along with the KFTC’s “Review Guidelines for Labeling and Advertising Related to Environment” that were recently amended. Also, companies should thoroughly examine whether their (adopted or planned) labels or advertisements containing environmental statements are in violation of applicable regulations. Furthermore, it is necessary for companies to closely monitor the enforcement trends of the relevant government agencies such as the MOE and the KFTC in relation to greenwashing, and to respond according to the relevant regulations.
1 Greenwashing: It is a compound word coined from “green” and “white washing,” referring to an act of labeling or advertising non-environmentally friendly products as being eco-friendly.
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#Greenwashing #Labeling and Advertising #ESG #Environment #Legal Update