Jurisdiction(s):
United Kingdom

Key definition

Advertising definition

What does Advertising mean? Advertising, in legal practice, describes any communication by a trader intended to promote the supply or transfer of products (goods, services, digital content). Across England & Wales, Scotland and Northern Ireland, legislation implementing the EU regime on misleading and comparative advertising (notably the Business Protection from Misleading Marketing Regulations 2008) defines advertising broadly as any form of representation made in connection with a trade, business, craft or profession to promote the supply of goods or services, including immovable property, rights and obligations. In Ireland, equivalent implementing measures adopt a materially similar definition; usage is broadly consistent across the...

Environmental and greenwashing claims in UK advertising: DMCCA regime, CAP/BCAP rules, CMA/ASA guidance, EU measures, sanctions and key ASA rulings

Published by a LexisNexis TMT expert

Practice notes

This Practice Note outlines the main Controls on the use of environmental claims in Advertising and covers these core areas:

relevant legislation
self-regulatory codes
Sanctions for non-compliance

Environmental messaging in marketing is rising as consumers become more informed about the ecological effects of the goods and services they choose. Firms are leveraging this heightened awareness by showcasing their sustainability credentials. Examples include statements such as 'environmentally friendly' or presenting a product or service as 'green', 'clean', or 'carbon neutral'. Typical wording ranges from broad descriptors to specific carbon-related statements, reflecting attempts to signal positive environmental impact to prospective customers across their marketing materials. As these claims proliferate, the Advertising Standards Authority (ASA), the body tasked with overseeing advertising in the UK, has seen a parallel uptick in complaints about environmental claims in adverts.

Relevant legislation

Consumer protection from unfair trading

Until April 2025, the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277 governed all advertising and commercial practices in the UK and apply to any act, omission or other commercial practice by a business involved in the promotion, sale or supply of products (including services) to consumers. CPUTR 2008 contained a general prohibition on unfair commercial practices,...

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Sonal Patel Oliva

Fieldfisher

Sonal is a legal director in the Commercial & Advertising group at Fieldfisher. She has extensive experience as an advertising, consumer protection and commercial lawyer acting for domestic and international brands and public sector clients. She advises clients on all of forms of media and across a variety of sectors, including retail, food & beverage, travel & leisure, sport, beauty, health and life sciences.Her work involves advising clients on advertising and consumer protection regulatory compliance and developing, promoting and protecting their business, brands, IP, products and services via B2B and B2C marketing campaigns and activations, the use of influencers and brand ambassadors, user generated content, loyalty and reward programmes, promotional incentives, such as prize promotions and pricing claims. Sonal also advises clients on defending and pursuing advertising complaints and appeals, and on the contract side, she drafts, negotiates and advises on consumer facing terms,...

David Bond

Fieldfisher

David Bond is a partner in the Commercial IP group at law firm, Field Fisher Waterhouse LLP, specialising in Brand Management, advising clients on ways to promote and commercially exploit their brands and other intellectual property.As head of the firm’s Advertising and Marketing Group David assists clients to develop awareness of their brand, specifically advising on all forms of marketing communication and promotional activity, both in the traditional media of print, TV and radio and increasingly online, within a client’s own website and third party social media sites and mobile.David’s clearance work involves advising both advertisers and their agencies on advertising copy, dealing with the industry regulators and lodging and defending ASA complaints. On the contract side, David drafts and negotiates a wide variety of commercial agreements on behalf of advertisers and agencies, such as client/agency contracts,...

Web page updated on 21/05/2026

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