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Possibilities of Legal Mechanisms to Counteract Greenwashing to Achieve the Principles of Sustainable Development

Journal of Law and Sustainable Development 2023 1 citation ? Citation count from OpenAlex, updated daily. May differ slightly from the publisher's own count. Score: 30 ? 0–100 AI score estimating relevance to the microplastics field. Papers below 30 are filtered from public browse.
А. М. Петров, Valery Stepenko, Kazbek Ahmedovich Tagibov, Andrey Rybakov, Elena Kirillova, М. Х. Алихаджиев

Summary

This legal analysis examines greenwashing — when companies make misleading environmental claims — and reviews mechanisms to counter this practice under sustainability and consumer protection law. As microplastic-related concerns drive demand for 'eco-friendly' plastics and products, preventing false environmental claims is important for ensuring genuine pollution reduction.

Objective: The paper examines the practice where companies use environmental advertising or statements about their environmental responsibility to promote their products or services (greenwashing). The objective of the study is to analyze the main signs of greenwashing and develop recommendations for countering environmental offenses. Methods: The research methods are based on the analysis of a limited number of studies that were selected according to special parameters and comprehensively considered. Methods of analogy and comparative analysis were also used. Results: The main signs of greenwashing, the negative consequences to which greenwashing can lead, and the main measures to control this kind of environmental offense are considered. According to the results of the study, it has been concluded that at the international level, greenwashing should be defined as a socially dangerous culpable act that contradicts the norms of law and harms society, the state, individual citizens, and the environment. Conclusion: To counteract greenwashing, it is necessary to introduce a ban on the application of seals that are not introduced by state bodies and are not based on a certification system; a ban on eco-friendly labeling without providing evidence, and without certificates; and a ban on eco-friendly statements about the product, if they relate only to a certain aspect of the product. Furthermore, a system of public reports needs to be introduced where manufacturers can publish reports about their production processes and product test results. This will help consumers make informed decisions about the purchase of products. Besides that, environmental, social, and governance principles need to be implemented in the contract system, together with a penalty system.

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