ASA cracks down on “recycled” claims: Key lessons for fashion retailers

The Advertising Standards Authority (ASA) has recently upheld complaints against Uniqlo, adidas and Calvin Klein in relation to claims about the use of “recycled materials” in their products. These rulings form part of the ASA’s continued focus on environmental claims in the retail and fashion sector and provide a timely reminder of the risks of greenwashing for brands marketing sustainability credentials.

The rulings in brief

Each case concerned a paid-for Google advert:

• Adidas promoted “recycled running shoes”, which the ASA considered likely to be understood by consumers as referring to a range of shoes made entirely from recycled materials. In practice, adidas acknowledged that only some products incorporated recycled content

• Uniqlo advertised fleece jackets using the term “recycled materials”. While the brand intended this to refer primarily to recycled polyester used in certain components, the ASA considered that consumers would understand the claim to mean that the garments as a whole were entirely made from recycled materials

• Calvin Klein used the wording “responsibly sourced collections – recycled, organic & more”. The ASA found that consumers would likely interpret the claim as applying across the entire collection, however only some products within the range contained recycled or organic materials (in varying proportions)

Across all three decisions, the ASA concluded that the adverts created the impression that products were wholly made from recycled materials, when this could not be substantiated. The claims were therefore found to be misleading and the adverts were banned. This shows just how strictly the ASA is interpreting the rules around greenwashing.

Three key takeaways for retailers

1. Avoid unqualified “absolute” claims - using simple, powerful words such as “recycled” or “sustainable” without qualification is high risk. The ASA will consider how the average consumer is likely to interpret the claim, not the advertiser’s intended meaning. If wording suggests a product is entirely recycled, you must be able to prove that is the case

2. Be precise about what is (and is not) recycled - if only certain components, fibres or percentages of a product are recycled, this must be clearly explained. Generalised statements applied to a product range or collection can easily mislead if the sustainability credentials vary across items

3. Substantiation is necessary, but not enough on its own - even where brands hold evidence (e.g. certifications or internal data), this will not cure a misleading claim if the wording goes further than the evidence supports. The claim itself must accurately reflect the underlying reality

These rulings are part of a broader regulatory trend. The ASA is actively monitoring environmental claims and has already taken enforcement action against a number of major fashion brands, signalling increased scrutiny of sustainability messaging. For retailers, this means green claims are no longer just a marketing issue, they are a compliance risk with potential reputational and regulatory consequences.

How Freeths can help

Freeths’ advertising and consumer law specialists work closely with consumer-facing clients to navigate the evolving greenwashing landscape. We can support you by:

• Reviewing marketing campaigns and product claims to ensure compliance with the CAP Code and CMA Green Claims Code

• Advising on sustainability reports to strike the right balance between green messaging and regulatory risk

• Providing practical training to marketing, sustainability and legal teams on environmental claims

• Supporting ASA complaints and CMA investigations where challenges arise

For more information on our experience in this area, see our greenwashing page.