Anti-Greenwash Data Evidence in Travel & Tourism*

Of the ‘7 Sins of Greenwashing’, many like ‘No Proof’, ‘Vagueness’ and ‘Fibbing’ would just not exist if data were available to show evidence.

But historically in tourism, even if possible, it hasn’t been in practice. Why?

1. Prioritisation/Resource

You don’t have to, so why would you?

Most organisations do not measure, collect, monitor and publish sustainability factual data on business operations, like they would for financial accounts, but this is what it takes.

One of Earth Changers’ strengths is to discern what is truly responsible and sustainable, for which we look at impact data – usually not public, potentially from multiple internal sources. This takes us prioritisation and time to do, working with organisations who prioritise the same.

Many organisations would say they don’t have the time and resource to dedicate, but with the rise in interest in sustainability, its integrity, more anti-greenwash regulations and guidelines, and greater consumer interest, many are now impact measuring.

2. Awareness/Knowledge

You can’t manage what you can’t measure.

Covid-19’s enormous impacts in tourism included destinations and travel companies wanting to build greater resilience, and consumers feeling secure with that, plus greater connection with communities and nature.

Question: What is, and how do you support and develop, resilience, community and nature?

Answer: Sustainability (economic, social and environmental).

However, knowing where to start and how to develop that triple bottom line approach is beyond just deciding to prioritise it. Sustainability is a journey unique to everyone’s situation. You have to know where you are, where you want to go – and work out the way forward in between.

This is where certification and accreditation can fit in, to help create a baseline, learn and develop next steps to take, and give audience an indication of the journey.

However, often certifications only consider policies (what to do or not) and processes (how), not their actual outcomes. They can help organisations say and do the right things in the right ways to steer to sustainability, but, if not thoroughly implemented throughout supply chain operations they may not necessarily elicit impact, thus could appear to greenwash.

3. Sustainability Data Capture

How do you evidence sustainability?

For the afore-mentioned reasons, it’s not surprising we’ve not seen more organisations capture outcomes. But with the rise in interest and action, we’re seeing tools develop to help this: taking things a step further on from certification, so anyone (undergoing a certification process or not) can understand what is measured, why – and outcomes and impacts of sustainability implementation can be captured.

That can be like us at Earth Changers, using stories and marketing that provides rich content to create a narrative accompanying data.

Or like organisations who provide tools for capturing, collating, comparing and analysing measurements for sustainability management with dashboard reporting for real-time tracking of negative and positive impacts.

4. Greenwash Guidelines

What can be done to prevent greenwash and ensure integrity?

Until now, sustainability has been largely driven by voluntary actions by suppliers from the bottom-up. But so has greenwashing, therefore, possibly inadvertently misunderstanding how to promote genuine sustainability in line with consumer protection rules, possibly intentionally wanting to appear to ‘go green’ for commercial benefit.

A study commissioned by the European Commission in 2020 found that

• over half (53%) of green claims made by companies were vague, misleading, or unfounded.
• Additionally, 40% of these claims were unsubstantiated, lacking evidence to support their environmental impact claims.

In the UK, it was also found four out of 10 (40%) ‘green’ claims made online could be misleading consumers.

Exaggerated, misleading, misinformation or unsubstantiated claims about sustainability credentials can undermine genuine efforts to sustainable development, erode confidence and trust in actual sustainable products, lead to even miscommunicated or misunderstood financials and opportunities, and damaging misallocation of resource – what Environmental and Social Governance is all about, to price risk.

Key issues to look out for include:

• ‘Buzzwords’ and broad ‘absolute’ claims like ‘green’, ‘sustainable’, ‘environmentally friendly’ and ‘eco’ indicating no negative impacts across a full lifecycle and requiring much substantiation.

In the UK, the Advertising Standards Authority (ASA, under the ‘CAP’ Code’ from the Committee of Advertising Practice) ruled against Etihad Airways’ ‘sustainable aviation’ as likely interpreted by consumers as an absolute claim for the whole business: the reduction of single use plastics and efficiency of planes was deemed insufficient justification. Businesses need to make claims which are more specific where there is specific evidence.

• ‘Net zero’ and ‘carbon neutral’ claims which create high levels of consumer confusion. Claims must not ‘cherry-pick’ information to give the impression that a business’ climate impact is better than it is by omitting (non-sustainable) activities; or be based on offsetting, which should be made clear to consumers; Supporting information must be close enough to the main claim so consumers can easily see it before they make a purchasing decision; and claims should be substantiated with robust documentary evidence calculated in accordance with recognised scientific frameworks.

Advertising Standards’ CAP Code complaint to RyanAir’s “Europe’s Lowest Fares, Lowest Emissions Airline” advert was upheld, not just because of the absolute terms when based on per passenger data, but also because the data was based on seating density which consumers would not know, and the data source used was from years before the advertisement.

• Claims relating to future goals (such as net zero or biodiversity targets) should only be made where based on a clear, verifiable and internally documented strategy to deliver them. These are more likely specific, short-term and measurable commitments in proportion to the business’ actual efforts.

Lufthansa’s #MakeChangeFly campaign ad featuring the slogan “Connecting the World. Protecting its Future.” was found lacking by the ASA under the CAP Code as “currently no environmental initiatives or commercially viable technologies in the aviation industry which would substantiate the absolute green claim” as part of its targets to halve its net carbon emissions by 2030 and reach net-zero carbon emissions by 2050.

5. Greenwash Regulations & Non-Compliance Recourse:

Are there legal requirements?

For the above reasons, we are seeing more legal regulations brought in or reiterated for:

• Sustainability marketing: to ward consumers against false claims under laws and standards that regulate areas of consumer protection and advertising.
• Sustainability classifying, reporting and disclosing: in Environmental and Social Governance standards for ESG-related actions, such as in initiatives for climate, resource use, circular economy, pollution and conservation objectives.

As we see more sustainability claims published, so we’ll see more risk and greater scrutiny, to address any unfair commercial practice and level the playing field for those making genuine claims.

Largely, these are so far attributable to UK and EU organisations where claims must be backed by data, offering full transparency and evidence, may require auditing and assurance, and demand real (concrete, measureable) reductions targets, not offsets.

However, reach isn’t confined to the EU/UK geographical boundaries: Global corporations that conduct business in these regions must also align their practices with the laws. This could include manufacturers, suppliers, retailers, or service providers across sectors, irrespective of size: more and more will feel the trickle-down ripple effects globally, especially as other countries follow suit.

Greenwashing Regulations

1. UK – Green Claims Code

There is currently no legal definition of ‘greenwashing’ in the UK and the main guidance based on consumer protection and advertising law governing sustainability claims is the Green Claims Code (2021) to help businesses understand and comply with their responsibilities.

Existing underlying laws include the (B2C) Consumer Protection from Unfair Trading Regulations 2008 (CPRs), (B2B) Business Protection from Misleading Marketing Regulations 2008 (BPRs) and the Advertising Standards Authority (ASA)’s rules.

It states 6 principles:

• Claims must be truthful and accurate.
• Claims must be clear and unambiguous.
• Claims must not omit or hide important relevant information.
• Claims must consider the full life cycle of the product or service.
• Claims must be substantiated.
• Comparisons must be fair and meaningful.

Fines for non-compliance of companies registered in the UK are at maximum up to 10% of global turnover and £300,000 pounds for individuals

The Digital Markets, Competition and Consumers Act 2024 (DMCC Act), whose consumer-protection provisions took effect on 6 April 2025, also contains provision relating to the protection of consumer rights.

The UK Competition and Markets Authority since April 2025 can directly enforce consumer law and can impose fines of up to £300,000 or 10% of global turnover, whichever is higher; it can also require consumer redress and issue infringement.

The Financial Conduct Authority is also working on updating Sustainability Disclosure Requirements (SDR) and investment labels for sustainable investment products.

2. EU Developments

The EU Green Claims Directive was a former proposal for EU member states to adopt into their own national laws for businesses. It was seen as more stringent than the UK’s Green Claims Code, aiming to create a single set of rules for all businesses operating in the EU to protect consumers and level the playing field for businesses. The European Commission announced its intention to withdraw it on 20 June 2025, in favour of EmpCo (see below).

There are many other legislations touching this area, such as Corporate Sustainability Reporting Directive (CSRD), Unfair Commercial Practices Directive (UCPD), Right to Repair Initiative, Sustainable Products Initiative, Circular Economy Action Plan (CEAP), Extended Producer Responsibility (EPR)…

3. ‘EmpCo’: The EU Empowering Consumers for the Green Transition Directive (formerly Directive (EU) 2024/825)

‘EmpCo‘ is an EU-wide anti-greenwashing rule for consumer marketing. It is designed to stop businesses making vague, misleading or unsubstantiated environmental claims to consumers and unreliable sustainability labels.

EmpCo requires environmental claims to be specific, substantiated, transparent and independently verifiable.

EU countries had to transpose it into their national laws by 27 March 2026; its requirements applied from 27 September 2026.

It is enforced through national consumer authorities and strengthens the Unfair Commercial Practices Directive and Consumer Rights Directive.

Who is Empco for?

Empco aims to help consumers make informed, sustainable purchasing choices.

What is Empco’s Scope?

Empco applies to B2C commercial practices and any business targeting EU consumers. EmpCo does not exempt small businesses: its rules concern misleading consumer communications, irrespective of business size.

Business communications include websites, booking flows, brochures, paid ads, social posts, influencer content and PDFs, for example.

EmpCo expressly covers services as well as products, so in travel for example, these principles apply to flights, accommodation, tours, cruises, events and travel packages.

• All environmental aspects, environmental impacts or environmental performance covered by the claim.
• Underlying studies or calculations used to assess, measure and monitor the environmental impacts, environmental aspects or environmental performance covered by the claim.
• Explanations how improvements that are subject to a claim are achieved.
• Independent verification: is required for two specific situations: future environmental-performance claims and sustainability labels based on certification schemes.

Some Examples

4. France – The Consumer Code + The Climate and Resilience Law

This provides for a general provision prohibiting misleading commercial practices, including advertising.

The Climate and Resilience Law adds a specific provision under which misrepresentation of “the scope of the advertiser’s commitments, in particular with respect to the environment, the nature, the process or the reason for the sale or the provision of services” can qualify as a misleading practice. It makes greenwashing a deceptive commercial practice with reinforced sanctions.

It requires the Autorité de Régulation de la Communication Audiovisuelle et Numérique to promote ‘climate contracts’ to forbid communications that favourably present the environmental impact of goods or services that actually have a negative effect on the environment and relate to

• What is measured;
• What is produced;
• What is promoted;
• What is monitored; and
• What they raise awareness about.

The law also prohibits any advertising related to fossil fuels and new cars with set levels of carbon dioxide emissions from 2028; since 1 January 2023, advertisers may use “carbon neutral” or equivalent claims only if they publish a lifecycle GHG assessment, an avoid-reduce-compensate approach, a 10-year reduction trajectory, and annual reporting accessible from the advertisement or packaging.

Carbon-neutrality non-compliance can attract administrative fines of €20,000 for individuals or €100,000 for companies, potentially increased to the full cost of the illegal operation.

Misleading commercial practices can attract higher criminal penalties, including up to €1.5 million for companies and, where relevant, up to 10% of average annual turnover or 80% of advertising spend.

Laws also provide for a name and shame mechanism through which a Court may order that its decision be communicated to the public by any means.

France must also apply EmpCo for EU-facing consumer marketing from 27 September 2026.

5. USA – Climate Risk and Emissions Disclosure Rules

The United States was also taking more legislative steps towards addressing greenwashing and CSR transparency. The U.S. Securities and Exchange Commission (SEC) adopted Climate Risk and Emissions Disclosure Rules in March 2024, but stayed them amid litigation, stopped defending them in March 2025, and proposed rescinding them in May 2026. They never took effect.

That said, even without SEC climate rules, US businesses remain exposed under the FTC Act’s prohibition on deceptive advertising, state consumer-protection laws, and greenwashing litigation.

In 2022, the Biden-Harris Administration took historic action to address greenhouse gas emissions and protect the Federal Government’s supply chains from climate-related financial risks proposing the Federal Supplier Climate Risks and Resilience Rule, requiring major contractors to publicly disclose greenhouse gas emissions and climate-related financial risks and set science-based emissions reduction targets. It never took effect.

Previously, the Federal Trade Commission issued “Green Guides” designed to help marketers ensure the claims they make about environmental attributes of products are truthful and non-deceptive. Although the guides cover renewable materials and energy claims, ‘biodegradable’ waste, carbon offsets, free-of and non-toxic claims, they were last updated in 2012, since when responsible production and consumption and its communication has moved on significantly. The FTC has been reviewing whether to update them.

6. Other Countries

Others with anti-greenwash regulations include Australia, Canada, China, Hong Kong, Malaysia, Singapore and South Korea.

Beyond national regulations, we have to wonder if it is only a question of time before international initiatives standardise greenwashing laws: this is already starting in ESG reporting.

7. A Conclusion to Greenwashing?

If you do business in any of the markets above we advise you to familiarise yourself with their specifics: whilst legal systems can be slow, the current legislations and regulatory frameworks around sustainability are still nascent, evolving, dynamic, and different everywhere.

That said, truthfulness, transparency, and accountability in claims are no longer optional but imperative everywhere, especially as sustainability grows ever more nuanced and greenwashing with it – into climate-washing, nature-washing, social-washing…

Businesses are going to require increasing resource to document robust evidence to make ‘green’ claims. Transparency is crucial and all claims must be specific and substantiated if you are to promote sustainability.

Failure to comply will result in not just a potential competitive disadvantage, where consumers seek responsible and sustainable products and services, but legal and financial consequences such as fines and access to finance limited as well as reputational damage.

Earth Changers advice is to

1. Have a rigorous system to measure, monitor and publish sustainability data evidence as soon as possible. Certification and data platforms can help understand, capture and collect data, store and monitor, publish, compare and report.

2. Review and audit marketing materials and sustainability claims.

3. For future goals, businesses can consider using various frameworks for setting targets, such as certifications or the Science Based Targets Initiative (SBTi).

4. Base on accepted methodologies and independently verif, for integrity: you may want to consider partnering with 3rd parties to support the process.

Finally, whilst much work for legal compliance may be required, it’s about opportunities to innovate and evolve, not burdens – for a continued and necessary shift to a more responsible, transparent and sustainable business environment, for travel to remain possible and in demand with increasingly conscious host destinations, consumers and other stakeholders – supporting loyalty for tourism to be sustainable in name, action, impact and evidence.

Further reading:

Greenwashing: Sustainable Tourism Data + Regulations In Travel

Sustainable Tourism Certification and Accreditation