Taking out the bins shouldn’t be a complicated chore and making sure ads don’t mislead people about how to dispose of a product or its packaging properly doesn’t have to be either.
In November 2023, the ASA published independent research into how terms like ‘recyclable’, ‘compostable’, and ‘biodegradable’ are understood by consumers. This drew out the key points that people consider important when faced with a ‘green disposal’ term in an ad. The advertising guidance on environmental claims was updated to reflect this, and the ASA council have also recently made a number of Rulings in this area – Floor Design Ltd, Ocean Saver Ltd, Lavazza Coffee (UK) Ltd, and Dualit Ltd. The rest of this article will draw out the concerns that consumers identified and offer some guidance around them.
Alternative plastics, such as bio-based, compostable and biodegradable plastics, are still plastics and still behave as plastics in the open environment. There is a lack of evidence that they provide a better environmental outcome than, for example, a traditional plastic that is recyclable, and there is a body of evidence that many don't work as marketed in real world environments. Even if they do break down as advertised, microplastics can remain in the environment.
Prove it or lose it
When referring to a product or its packaging as “recycled”, “recyclable”, “compostable”, “biodegradable”, or “plastic-free” you should hold robust evidence that demonstrates this is actually the case in real world conditions. A recent study by researchers at University College London found that 60 percent of products made from plastics certified as home compostable did not fully disintegrate within a British home compost!
Don’t throw away your good work by overclaiming
It’s important not to state or suggest that the green disposal term applies to all of the product or its packaging if it just applies to part of it. The Advertising Codes outline that the basis of all environmental claims should be clear. The ASA recently ruled that a reference to a woollen carpet as “biodegradable” was misleading as it didn’t make clear that the term wasn’t intended to apply to the plastic backing of the carpet. If the term only applies to part of the product or packaging, your ads are less likely to mislead if they make clear what the term applies to.
Extra steps require extra clarification
When making green disposal claims, it’s best to think about how a consumer is going to understand the term. If the process for disposal requires them to take a specific action or it is different to how they might expect, your ads should make that clear.
For example, an unqualified “recyclable” claim may be understood as meaning that the recycling process for the product is widely available to UK consumers, and, if this is not the case, this should be made clear. Ads which suggested a product was recyclable via easily accessible routes, such as home recycling, were found to be misleading as this was not the case.
Additionally, it’s not just enough for a product to technically meet the standards of a green disposal term, the process should be readily accessible to British consumers. This was the case when an ad for artificial grass that referred to it as recyclable was banned, as the UK, at the time of complaint, did not have the infrastructure to actually recycle the artificial grass.
For “compostable” claims that apply to products that are only intended for an industrial compost, rather than a domestic one, and particularly if those products are for use in the home, you’ll need to clarify that and where consumers could find further information about the intended disposal location. This was found to be the case for Lavazza Coffee (UK) Ltd and Dualit Ltd's ads for their industrially compostable coffee pods and bags respectively. Similarly, when referring to a product as “biodegradable”, to ensure that the basis of the claim is clear, ads should include information about how to dispose of the product in order for it to reach a suitable end-of-life destination.
Further, it's important to avoid falling foul of the Code's standards around social responsibility, such as by suggesting that littering biodegradable or compostable plastics, which is illegal, is appropriate.
Byproducts shouldn’t be bypassed
As your product or packaging breaks down, if it results in harmful byproducts like greenhouse gases or leaves microplastics, make sure that these points are accounted for when referring to the overall environmental impact of the product or its packaging. This is because, unless stated otherwise, environmental claims should be based on the full life cycle of the product, and this would include the disposal of any packaging. Claims that suggest a recyclable, compostable, or biodegradable product has an overall positive impact on the environment are likely to mislead unless evidence is held to demonstrate that. This is even the case if the environmental impact of the recyclable, compostable, or biodegradable product is less than a comparable version that cannot be disposed of, or does not behave in, one of those ways.
For example, the ASA ruled that ads by Q-River Ltd were misleading as they did not provide evidence that substantiated claims which suggested the decomposition process of their product would help avoid “a problem for tomorrow’s generation”.
Multiple terms can cause multiple problems
If your ad contains multiple green disposal terms, such as if they apply to different parts of the product or its packaging, it’s important to avoid suggesting that they each apply to the entire product if this is not the case.
Additionally, CAP understand that products or packaging made from compostable or biodegradable plastic are not generally suitable for recycling as they can contaminate the plastic recycling process. You should take care to avoid suggesting that compostable or biodegradable plastics are recyclable.
Time is of the essence
The longer it takes for the biodegradation or composting process to complete, the more likely the length of time will constitute material information that should not be omitted from the ad. This is particularly the case when the product is made from an unconventional plastic or non-plastic substitute that is intended to have a lower environmental impact than a traditional plastic version. With a biodegradable product, the ASA has previously ruled that it ought to biodegrade significantly faster than its conventional plastic equivalent in the end-of-life destination that it was likely to be found in.
Further help & reading
CAP is here to support advertisers when they are thinking of including any environmental claims in their ads. For bespoke advice on any non-broadcast ads, the Copy Advice team is always here to help, and a copy of our formal Environmental Guidance can be found here.
The ASA and CAP would like to extend its thanks to the trade bodies, waste collection companies, academics, and government officials who provided invaluable information and insight into the UK’s waste sector for the purposes of this article.
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