What is Green Washing? Term explained amid H&M class action lawsuit drama

The Swedish fast-fashion label H&M is facing the heat, as the plaintiff Chelsea Commodore, a consumer of the brand, filed a proposed class action complaint against the label for green washing marketing.

According to Commodore, the fast-fashion retailer is taking advantage of the shopper's interest by falsely advertising their products as sustainable and environment friendly. Plaintiff Chelsea Commodore filed a complaint in the New York Federal Court on July 22, 2022.

Per Commodore, H&M posted environmental scorecards for their products called Sustainability Profiles. Upon enquiring and being called out for green washing, they removed them as they do not comport with underlying data.

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What does the word Green Washing mean for fashion labels?

As economical and sustainable fashion gains attention from people, fashion brands are also taking stock of the benefits of promoting their sustainable efforts in advertisements.

In their advertisements, many labels lay dubious and vague claims to environmental stewardship. The term for the labels and ads promising more environmental benefits than they actually deliver is 'green washing.'

Green washing is not a recent phenomenon. However, it has gained broader recognition in recent times as it describes the practice of making overblown and unwarranted claims of sustainability in order to gain market share.

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More about the H&M Green Washing marketing

More about H&M's Green Washing marketing as the label is being sued for the misleading claims (Image via H&M)

In the newly-filed class action lawsuit, Commodore alleges that despite the Swedish fast-fashion label's position as a giant, H&M has created an extensive green wash marketing scheme for its product, in order to show them as environment-friendly, when in reality they are not.

According to the proof presented by Commodore, one sustainability profile product, was marketed by the label as being made with 20% less water on average. However, after an investigation by outlet Quartz, it was revealed that the dress was made with 20% more water.

By conveniently presenting negative results as positive ones, such as showing "less water" instead of "more water," the fast-fashion brand has been falsifying its sustainable profiles with misleading and inaccurate data and misrepresenting its product as environment friendly.

In the lawsuit, Commodore further states that a majority of H&M products marketed sustainable are:

“no more sustainable than items in [its] main collection, which are also not sustainable”

In the lawsuit, Commodore talks about the "concious" products, that come with tags claiming: 'a conscious choice,' a 'shortcut to sustainable choices,' made from 'sustainable materials,' 'close the loop' and the text saying H&M will prevent textiles from going to landfill through the recycling program.

She further states that H&M markets their Conscious collection products as made out of "atleast 50% sustainable materials, such as recycled polyester and organic cotton," when in reality, they are made of indisputably unsustainable materials like polyester. (Fact: Polyester is not sustainable as the material does not biodegrade and sheds toxic microfibers.)

Commodore seeks injunctive relief and monetary damage for the products she bought from H&M's Conscious collection, and wants the court to certify her proposed class action, which will enable other consumers who purchased the products from the label containing sustainability misrepresentation, to join in the action.