A practice destined to consolidate in the coming years, not only in the United Kingdom where it all started but also in the rest of the European Union: that is, the use of AI in the identification of misleading “green” advertising campaigns. With a series of decisions made public last December, in fact, the Advertising Standards Authority (ASA), an independent authority that oversees the correctness of commercial communication in the UK, condemned some advertising information of well-known clothing brands such as Nike, Lacoste and Superdry, for the use of misleading claims in terms of environmental sustainability, identified thanks to digital monitoring systems based on artificial intelligence.

“In this case, technology, if correctly used, can represent a decisive ally in the protection of consumers and fair competition on the market – comments Avv. Rita Santaniello of Rödl, a law firm present in 50 countries around the world including Italy – The use of AI has in fact made it possible to analyze the enormous amount of content disseminated online in a widespread and continuous way, identifying in real time environmental and ethical claims that are potentially incorrect or lack the necessary information support.”

In the case of Nike, for example, the ASA considered that the communicated wording “sustainable materials”, devoid of further information on the actual characteristics of the product, was instrumental in justifying, illegitimately, in its favor the purchasing behavior of consumers. Similar was also the case involving Lacoste, which had issued ads bearing the expression “sustainable clothing” in a generic way and without concrete evidence to that effect. For Superdry, the ASA condemned the company’s communication that described a selection of garments as capable of combining “style and sustainability”, when in reality these characteristics pertained only to some garments and not to the entire assortment as it appeared. In Italy, among the most recent cases is the 1 million euro fine imposed by the Antitrust Authority on the fast-fashion multinational Shein.

“In light of this picture – underlines the lawyer. Santaniello di Rödl – it becomes essential for companies to adopt a proactive approach in the management of their environmental and ethical claims. Every ‘green’ claim should be supported by verifiable data, documentation easily accessible to consumers and clear measurement criteria”.

ITALY IN THE WAKE, ON THE SUBJECT AGCOM STRENGTHENS COLLABORATION WITH IAP – INSTITUTE OF ADVERTISING SELF-REGULATION

In Italy, the Italian Communications Authority (AGCOM) has not directly implemented its own artificial intelligence (AI) system for monitoring misleading advertising, but is strengthening its collaboration with the Institute of Advertising Self-Regulation (IAP), which in turn is developing and integrating AI systems for the identification of non-compliant content. But the trend will be to align with the English model and the enormous opportunities provided by the most modern technology in order to strengthen consumer protection

 ”Following the widespread trend among the European self-regulatory systems represented by EASA (European Advertising Standards Alliance), our Institute has also been monitoring social media for some years now, thanks to a dedicated AI-based platform – explains Chiara Alvisi president of IAP - Our 2024 Report on transparency monitoring in influencer marketing, carried out in collaboration with Almed – Graduate School in Media Communication and Entertainment of the University Cattolica del Sacro Cuore, photographs a situation in which transparency in communication is growing, but gray areas persist, especially when advertising is reported in a way that does not comply with the rules of the Digital Chart Regulation. One figure above all: – highlights the president of the Institute of Advertising Self-Regulation – 4% of advertising content is completely devoid of indications, in violation of the Code of Self-Discipline. It is precisely to reduce these residual critical issues and to strengthen the dissemination of a shared culture of rules that the Institute has decided to combine monitoring with a targeted training action, offering a very useful online course developed on the basis of a European format and with a contribution from AgCom itself”.

BEING GREEN SELLS MORE BUT GREENWASHING ALTERS THE MARKET.
CODACONS: SEVERITY AND MILLIONAIRE FINES FOR COMPANIES THAT DECEIVE THE CONSUMER

According to Codacons, Italian consumer national association ,maximum severity is needed against false environmental advertising by companies. “For some time – underline the representatives of the Association – we have been denouncing the practice of companies to resort to “green claims” in their marketing strategies and commercial communications to the public, messages that are not always correct and often are real greenwashing practices, capable of diverting the choices of consumers, who are increasingly attentive to sustainable and environmentally friendly purchases,  and alter the market, diverting hundreds of millions of euros every year in terms of purchases of commercial products.

“For this reason – continues Codacons – measures such as the recent millionaire fine of the Antitrust Authority to the Shein brand assumes enormous importance, and must now lead to similar sanctioning measures against all companies that deceive consumers through false messages on environmental sustainability“.

“Being green is a certificate that makes you sell more – adds the lawyer. Santaniello di Rödl - investing in transparency and information rigor is not only a regulatory requirement, but a strategic opportunity to consolidate consumer trust and credibly position ourselves in the sustainability market.” And it avoids reputational processes and gaffes.