Filing advertising complaints and taking action against competitors’ greenwashing claims to protect (our) market share. Is it possible? Yes.

As discussed in Series 4, Part 1, nature-related claims today serve not only the purpose of “protecting nature,” but also the purpose of “demonstrating to your target audience that you are protecting nature.”

This means that (i) It is possible to outpace competitors by using nature/green-oriented expressions (appropriately), (ii) It is also possible to take action against competitors who do not comply with legal requirements, prevent unfair competition, and protect our own market share.

In my view, the essentials for achieving this can be summarized under three main points:

1. Mastery of the Advertising Regulation and related legislation,
2. Interpretation of decisions and practices of the Advertising Board, and
3. The ability to read advertisements.

Let’s briefly explore these three elements with examples:

1. Mastery of the Advertising Regulation and Related Legislation

While the Advertising Regulation is the primary legislation governing key aspects of advertising, the underlying law on which it is based, along with other specific laws referenced within the Regulation, also play a significant role. In addition, depending on the sector, other legislative texts may include special provisions relevant to advertising.

What creates real differentiation here is the ability to interpret all these provisions holistically—which requires substantial expertise.

The outcome of such expertise is significant and can have a major impact on the advertiser. Simply put, identifying unfair competitive behaviors of rivals that distort market dynamics enables companies to take effective counteraction. Conversely, being prepared for actions taken by competitors against us, or being able to defend ourselves, when necessary, is equally important.

Some key considerations should be highlighted:

1. Regardless of their size, every company or unit has a budget, and creating value within this budget while protecting market share is essential.
2. Protecting market share involves not only enhancing product quality but also staying attuned to consumer trends and preventing competitors’ adverse actions.
3. Advertising is a highly effective communication tool for all of this, and the Advertising Board is actively involved in this area.
4. Although the Advertising Board is authorized to launch ex officio investigations, it generally acts upon complaints.
5. Certain claims used in advertisements -often unexpectedly- may become noncompliant due to multiple legal grounds.
6. Therefore, using consumer communication tools in our favor requires us, as companies/advertisers, to be proactive.

Being well-versed in the legislation serves this very purpose: to prepare the most effective consumer communication within the company/brand’s budget while being equipped to stop any contrary practices from competitors that may negatively impact us. In my view, this is what it means to change the rules of the game.

Given the growing environmental awareness and consumer sensitivity, the impact of green claims -now more prevalent in customer communication- is expected to increase. Consider the following statement recently evaluated by the Advertising Board, which illustrates how multiple grounds for violation can arise from a single group of expressions:

“Join the Climate-Friendly Movement with the Aquatouch Technology Washing Machine! We continue to work for the good of the planet with our climate-friendly products… Climate-Friendly, Up to 30% Energy Savings Compared to A Energy Class, 22 Tons of Water Savings Per Year, 32% Less Carbon Emissions…”

2. Interpreting the Advertising Board’s Decisions and Practices

Knowing the legislation is crucial, yes; but it would be incomplete to say that this alone is sufficient for an effective strategy.

Indeed, being familiar with the perspective and approach of the Advertising Board significantly enhances strategic effectiveness. Moreover, this enables us to better understand:

1. Market dynamics,
2. Competitors’ strategies,
3. Consumer tendencies.

For instance, if we interpret certain findings presented in the Advertising Board’s 2024 report, we can draw the following conclusions:

• There is a growing consumer inclination toward environmentally friendly content.

: This implies that in nearly every market, the use of green/nature-related claims is on the rise.

• 53.3% of environmental claims involve vague, misleading, or unsubstantiated information about the environmental characteristics of products.

: This suggests that even without substantiating their claims, many companies tend to invoke “green” language—indicating a notable market shift toward this direction.

• Statements suggesting greater environmental friendliness compared to competitor products are widespread.

: This shows that environmental sensitivity is being used as a tool for competitive advantage.

• Regulatory authorities are increasing their measures in this area.

: This indicates that more inspections and enforcement actions may be on the agenda.

Relevant report excerpt: “In 2014 and 2020, the Union examined 150 environmental claims used across a wide range of products in the EU in line with the principles of the Unfair Commercial Practices Directive. It found that a significant portion (53.3%) of environmental claims in advertisements contained vague, misleading, or false information about a product’s environmental attributes. Additionally, the accuracy, clarity, and verifiability of such claims were also evaluated, revealing that 40% could not be substantiated. These studies conducted within the EU have shown that commercial communications suggesting or implying that a good or service has a positive environmental impact, no environmental impact, or less impact compared to rival products may lead to consumer misinformation and other issues.”

3. Reading Advertisements

While “reading advertisements” today may appear to be a domain guided by creative agencies and marketing teams—using storytelling processes and performance metrics—it actually requires more than this to leverage advertising campaigns and complaints as a strategic growth and protection tool.

Understanding the legal framework of what an advertisement should and should not include, the media/broadcasting regulations governing how content must be presented, and what all this means from the consumer’s perspective creates a meaningful advantage.

It is essential to emphasize that the use of a given expression in Scenario X being deemed noncompliant does not automatically mean that its use in Scenario Y will also be deemed noncompliant—unless the expression is explicitly prohibited by other applicable legislation. Therefore, being able to “read” advertisements means going beyond a rote approach and developing an understanding of the nature of the claim in the given context and the potential legal justifications involved.

For example, are the following expressions, which have been found unlawful by the Advertising Board, categorically prohibited? Or, might their use be permissible -and even highly valuable- under certain conditions?

• The material used in this packaging and the active ingredients in the product are biodegradable.
• Cotton licensed by X. Recycled Content Labels.
• We used 30% less chemicals and saved 40% more water thanks to eco-friendly production techniques.
• Soil-degradable. Nature-degradable. Air-protecting.
• 100% Natural-Origin Fibers.
• Produced with lower water consumption than standard paper production methods.

As seen above, these claims should be evaluated within the context and structure of the relevant advertisement and based on the supporting data and method of presentation. Being able to assess the nature of these uses can add serious value to both advertising creation processes and complaint mechanisms.

By developing strategy based on advertisement content in this way, we gain another tool for controlling market share, competition, and growth—and this enables the development of more efficient and multifaceted strategies.

Stay tuned for more insights on advertising and media practices...