Written by: Jack R
If you paid attention to the news this most recent weekend, you might have noticed that H&M is at the center of another controversy after announcements of a lawsuit were released. The new case is focused on deliberately misleading marketing regarding their “Conscious Collection,” which falls under a form of greenwashing. So what is greenwashing?
Greenwashing is defined as “a term used to describe a false, misleading or untrue action or set of claims made by an organization about the positive impact that a company, product or service has on the environment.” Green marketing has become increasingly popular as social media users across all platforms urge companies and organizations to practice ethical and sustainable business models.
We have seen countless corporations dabble into forms of greenwashing, by using buzzwords such as “sustainability, “ethical consumption”, “secondhand”, “thrifty”, and anything involving the word climate or climate change. Companies such as Shein, H&M, Forever 21, Zara, and numerous others have been called out for various forms of greenwashing. But, for clarification, greenwashing is not always something that can be deemed a false claim. It can range pretty broadly and can be a claim that has slight deception or is not entirely accurate or truthful. For example, a 2021 European Commission report concluded that up to 42% of green claims made by organizations were deceptive or exaggerated in some way, playing into misleading information. The claims stem from genetic statements, ranging from something like claiming sustainable sourcing or eco-friendly behavior, without providing any evidence to support the claim of environmental consciousness.
On November 3, Abraham Lizama and Marc Doten (the “plaintiffs”) allege that H&M has engaged in “unlawful, unfair, deceptive, and misleading business practices” by way of the marketing and sale of its “self-proclaimed sustainable clothing line called the ‘Conscious Choice’ Collection.” They explain that the products released in this collection are not environmentally friendly, and the claims from H&M that the products are sustainable violate countless state laws regarding marketing.
The filed lawsuit alleges that consumers are led to believe that the ‘Conscious Choice’ products are an environmentally responsible purchases because on the H&M website “The shortcut to more sustainable shopping? Conscious choice…pieces created with a little extra consideration for the planet. Each Conscious choice product contains at least 50% of more sustainable materials – like organic cotton or recycled polyester – but many more contain a lot more than that.” It is worth noting that clothing is made from recycled materials, specifically recycled polyester. Per the complaint, clothing made from recycled polyester will likely end up in a landfill because its fibers are weakened as they are mechanically recycled from polyethylene terephthalate (PET) bottles. Essentially, turning plastic bottles into clothes “should be considered a one-way ticket to landfill, incineration or being dumped in nature,” the suit summarizes.
The lawsuit looks to represent anyone in the United States who purchased H&M Conscious Choice Collection products for personal, family, or household use during the applicable statute of limitations period. Although this is a more serious case of greenwashing, it is important to stay vigilant when doing research about specific brands and how they are manufacturing products. Greenwashing has become a serious issue with the rise of brand presence on social media and the need to keep up with ethical trends. There is tons of information about sustainable brands that are affordable as well as accessible to most people. It is up to us to do the research and make sure we are doing our part in order to be conscious consumers.
Edited by: Iylah M