Following warnings from the Norwegian and Dutch consumer protection bodies NCA and ACM about misleading claims about the sustainability of certain products based on the Higg Index developed by the Sustainable Apparel Coalition (SAC), the two authorities have published guidelines on the use of the Higg Material Sustainability Index ( MSI) developed and published.
The companies concluded that the Higg MSI data did not provide a sufficient basis for environmental marketing claims. Using them accordingly is, in their opinion, intentional and violates EU marketing law. This means that any environmental claims based on information from the Higg MSI “can quickly become illegal both in Norway and in the rest of the EU,” according to a press release on Tuesday.
NCA and ACM guidance intended to clarify data
Scorecards were introduced last May as part of the Higg sustainability profiles and the MSI. Consumers should be able to compare the performance of different products and brands and see at a glance which products have a lower environmental impact.
However, some companies using the index and scorecards have been warned by the NCA, including Norwegian outdoor and skiwear brand Norrøna Sport AS and Swedish fashion chain H&M. The latter is a member of the Sustainable Apparel Coalition and gave each item on its website a score based on the scorecards and the Higg MSI, intended to reflect the environmental impact of the materials used in its manufacture.
“H&M displayed data that gave a completely false picture of a garment’s impact on the environment. These errors came about because the company’s website ignored negative characters in the Higg Index values. For example, a dress with a minus 20 percent water usage score — meaning it uses 20 percent more water than average — was listed on H&M’s website as having 20 percent less water use,” global news website Quartz found out of here.
H&M incorrectly used Higg MSI data
H&M responded to the greenwashing allegations by removing from its website all scorecards that were originally intended to show transparency but backfired due to improper handling of the information.
In the guidance released Tuesday, the NCA said the Higg MSI is problematic because, among other things, it uses global averages to document product-specific claims. This factor needs to be clearer for consumers, so they know that all numbers used are global net averages and are not directly related to the product.
After the rejection expressed in June, the SAC announced that it wanted to revise the Higg Index. In their most recent publication, the two authorities asked the coalition to commission an independent third-party company to check the data basis and the methods used and to ensure that all information used in the partner company’s marketing is transparent.
Regulators noted that while the guidance could also benefit companies in other sectors, its findings are of particular relevance to the textile sector as a whole.
“Many companies in the industry use the Higg MSI or similar tools, both when selecting fabrics for the clothing they manufacture and to document environmental marketing claims. Therefore, all companies in the industry should read the guide if they want to include environmental claims in their marketing,” they conclude.
Statement of the Sustainable Apparel Coalition
Responding to a request from FashionUnited, SAC commented on the recent release, aligning itself with the NCA and ACM on the need “for the environmental information communicated by apparel and footwear brands to consumers to be credible, accurate and substantiated,” according to SAC.
The Coalition is “grateful” for the collaboration and productive discussions it has had with the NCA and ACM, but notes that their guidance focuses solely on the use of the Higg MSI in marketing efforts and the presentation of the Higg MSI data Consumers relate.
“While the guide is also intended for all retailers in the industry who want to include environmental claims in their consumer marketing, it does not relate to the other tools of the Higg Index, which continue to be used extensively by the apparel and footwear industry to make positive to achieve social and environmental improvements in global supply chains,” explains SAC.
“Based on the authorities’ interpretation of applicable EU law, the Guide does not constitute a formal legal framework or decision and is not legally binding on the authorities or the Sustainable Apparel Coalition. This means that the important task for us now is to work through this guide with legal and subject matter experts to examine the feasibility of the application, while ensuring that all resulting methodologies and communications are consistent with the general European framework.” summarizes SAC.
“The role of the Sustainable Apparel Coalition is to create common ground with all parties in the apparel and footwear industry and work with our members to reduce their impact,” it said. “As previously announced, we have begun reviewing the Higg MSI with an external company to further evaluate and develop the instrument. We are also redoubling our efforts to collect critical data from across the materials industry.”