Introduction

Have you ever walked into a supermarket and been bombarded with products labeled “GreenFriendly,” only to find that these claims feel disingenuous? How many times have you heard companies tout their commitment to green practices, while their actions tell a different story? Welcome to the era of greenwashing—a deceptive tactic that’s becoming increasingly prevalent in the corporate world. Everyone wants to be sustainable, yet few are willing to bear the costs—leading many to resort to greenwashing instead

The Illusion of Corporate Sustainability

The rise of corporate sustainability as a financial and strategic priority has heightened scrutiny of companies’ environmental practices. With climate-related challenges intensifying, stakeholders are more vigilant than ever about corporate environmental performance. This pressure has led some companies to present a facade of environmental responsibility, a practice known as greenwashing.

Greenwashing involves selectively disclosing positive information without full transparency about negative aspects, creating an overly positive corporate image. Companies may use Environmental, Social, and Governance (ESG) metrics to appear socially or environmentally responsible to investors and consumers, while their actions do not align with their stated ESG goals.

Manifestations of Greenwashing

Greenwashing can occur at both the product and firm levels, each with distinct characteristics and impacts.

Product-Level Greenwashing

Product-level greenwashing misleads consumers and shareholders about the environmental benefits of specific products. Companies often label products with false or misleading information about their composition or capabilities, using undefined terms that sound eco-friendly. For example, a company might market a product as “eco-friendly” making it easy for companies to claim their products are eco-friendly without providing evidence or specific benefits.

This practice misleads eco-conscious consumers and investors who believe they are making sustainable choices.

Firm-Level Greenwashing

Firm-level greenwashing involves making false or misleading claims about a company’s overall environmental practices, policies, or performance. This type of greenwashing creates a false image of the entire company as environmentally responsible, even if only a small portion of its operations meet sustainability goals. An example would be a company claiming commitment to sustainable farming while simultaneously engaging in deforestation. This form of greenwashing is particularly damaging as it misleads both consumers and investors about the company’s true environmental impact.

You Can’t Deceive Consumers Forever: Legal Pitfalls of Greenwashing

Article 46 (1) of the Constitution of Kenya outlines essential consumer rights, including the right to information necessary for consumers to gain full benefit from goods and services and the right to protection of their health and safety. The Competition Act No. 12 of 2010 under Section 55 also expressly prohibits misleading representations by businesses regarding goods or services.

Further, the Central Bank of Kenya (CBK) recently published a Draft Kenya Green Finance Taxonomy that if accepted would guide banks in properly classifying projects as either ‘Green’ or ‘Not Green’. The taxonomy will also provide guidance for the banking sector and other market participants to make informed green investment or financing choices.

This legal framework is crucial in combating greenwashing and ensuring corporate accountability.

Greenwashing can have damaging consequences, including:

1. Potential regulatory sanctions
2. Investor litigation risks
3. Reputational damage
4. Loss of trust among consumers and investors
5. A decline in financial performance

Planting Seeds of Change: The Way forward

All companies should aim to provide balanced reporting, showcasing both successes and shortcomings. Further, environmental reporting should align with recognized frameworks such as the Global Reporting Initiative (GRI), the Sustainability Accounting Standards Board (SASB), and the Task Force on Climate-Related Financial Disclosures (TCFD). It is also important to seek external validation of ESG disclosures by third-party sustainability experts is essential for credibility.

Where possible, companies should engage the services of sustainability professionals to assist them in integrating environmentally and socially responsible practices into their operations, thereby enhancing long-term viability and aligning with global ESG standards.

Conclusion

As consumers and investors become more environmentally conscious, the pressure on companies to demonstrate genuine sustainability practices will only increase. While greenwashing may offer short-term gains, it ultimately undermines trust and can lead to significant repercussions. Transparency, accountability, and adherence to recognized reporting standards are essential for companies to build and maintain a genuine green reputation.