Consumer ISG - Holiday Guide 2021 - Flipbook - Page 8
The Hogan Lovells Holiday Guide 2021
Happy (green) holidays
and a sustainable new year
Maria Luigia Franceschelli, Milan
Consumers want to buy sustainable gifts in
increasing numbers this holiday season.
And brands of course, want to sell to them.
The result is that brands are increasingly going
green, by adopting sustainable business models
and policies, and by investing time and resources
in developing sustainable products.
However, the development of sustainable products or
the implementation of green processes are often not
enough to guarantee sales. Marketing campaigns are
frequently the real key to success, especially during the
holiday season when advertising campaigns proliferate.
A smart and festive trademark recalling the sustainable
feature of a product is vital to create the right vibe
around it, especially when the trademark can be easily
remembered by consumers. Brands should however
be careful in not choosing trademarks that are generic,
deceptive or misleading. Indeed, a trademark that
evokes features that are missing or insignificant could
be declared void.
The way in which innovations are presented and
promoted to the public is important, not only to
ensure the commercial success of a product. They
are especially important to prevent legal claims and
avoid the most dreaded “greenwashing” blames.
A word of caution: “green marketing” concerns
not only the trademarks adopted to distinguish
the sustainable product or process, but also the ad
lines and graphics used in advertising campaigns,
and any other element used in connection with the
product or process, including logos, designs and
packaging. Choosing the wrong claim, advertising or
communication strategy may trigger negative reactions
from competitors, consumers, or even the authorities.
The tagline or claim used to promote a sustainable
product or process should also be chosen very carefully
to avoid misleading advertising or “greenwashing”.
As a general rule, any claim should be fair, truthful
and correct. If a brand is not able to provide scientific
evidence that a product or service is sustainable, it
should simply not state it. Similarly, brands should
avoid using overly generic claims. Consumers do
not easily forgive a false “green” claims and gaining
again their trust could be a real challenge.
Authorities worldwide have not hesitated to take action
and have repeatedly stated that the battle against
greenwashing is a priority. With this in mind, brands
should carefully consider any “green” marketing claims
they make when promoting sustainable products this
holiday season.
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