Paris 2024’s reputation as “the greenest” Olympics and Paralympics

The law on green claims

The basic legal position is that all claims in advertising must be substantiated. This means that before a claim is made in an advert, the advertiser must have evidence to show it's true, and not misleading or exaggerated. In the UK, the substantiation should be completed in accordance with the applicable Advertising Standards Authority (ASA) Code (BCAP for broadcast adverts; CAP for non-broadcast) and Competition and Markets Authority’s (CMA) Green Claims Code, in order to limit the possibility of the claim being unlawful. In relation to green claims there is particular scrutiny on substantiation at the moment. The CMA and the ASA are actively enforcing the rules – and undertaking investigations (such as their recent investigations into ASOS, Boohoo and George at ASDA) – to address concerns about widespread greenwashing.

In the EU, the same principles apply. The EU is planning to go further, however, and has introduced new rules in the form of the Empowering Consumers Directive, which EU Member States have until 27 March 2026 to implement. This new Directive will create a specific separate substantiation regime for green claims run by authorised bodies. It's likely there will also be a broader Green Claims Directive in due course. For more information on these Directives, see our previous article.

The eco-credentials of Paris 2024: a closer look

When you sift through the buzz and examine the official communications from the Paris 2024 Organising Committee and the International Olympic Committee (IOC), it becomes clear that the official communications don't actually make the claim that they're the “greenest Olympics ever”. It seems that the press was the source of this claim (and their legal liability position looks rather different). Instead, the Organising Committee and the IOC made a range of specific environmental promises designed to improve the sustainability of the 2024 Olympic and Paralympic Games as part of the IOC’s Olympic Agenda 2020+5 and Olympic Agenda 2020. These include: 

• halving carbon dioxide emissions compared to the previous editions in London and Rio
• using 95% temporary or pre-existing infrastructure
• 100% recycled materials in medals
• ISO 20121 certification
• 100% venues grid-connected and powered with renewable energy
• 90% of Games assets with a contractually guaranteed second life
• 2x more plant-based food in menus
• -50% of single use plastic for food and beverages
• 100% of competition venues connected to public transport

This makes sense from a legal perspective as it would be almost impossible to demonstrate the Paris 2024 Games were more sustainable than all previous Games. However, it's much easier to evidence and substantiate narrower, specific, more achievable targets and claims.

“Climate-positive” Olympic and Paralympic Games going forward

According to the IOC, from 2030 onwards, each Organising Committee for the Olympic and Paralympic Games will be required to host a “climate-positive” Olympic and Paralympic Games. The first edition that this will apply to is Brisbane 2032, which will need to:

• minimise and compensate their direct, as well as indirect, carbon emissions
• implement lasting zero-carbon solutions for the Olympic and Paralympic Games and beyond

These requirements will be included in the Host Contract – Operational Requirements, which detail the contractual commitments between the host city, the National Olympic Committee and the IOC.

Once the carbon savings created exceed the potential negative impacts of their operations, the IOC considers that the Games will be “climate-positive”.

Guidance for event organisers

For those planning domestic or international events and wanting to assert their sustainability, the Paris 2024 blueprint offers some interesting insights into how to make lawful environmental claims in relation to major sporting events. Points to consider include:

• what are the main drivers of the event’s environmental impact?
• are there ways that these drivers and impacts can be mitigated? If so, develop a credible and measurable plan for such mitigations
• establish clear metrics for assessing environmental performance
• break down sustainability goals into specific, actionable tasks with defined timeframes and responsibilities
• analyse claims to identify the evidence that will be needed to substantiate them
• consider obtaining respected certifications that can authenticate your efforts and provide an objective source of comparison
• make sure that the contracts with your suppliers allow you to gather (and verify) the data you need to demonstrate progress towards your goals

How we can help you

A recent sweep by European consumer protection regulators of websites found that 40% of green claims made online could be misleading and, therefore, at risk of breaching the law. The enforcement risk is high at the moment as a result of increased scrutiny by both the CMA and ASA. Staging major sporting events creates a complex range of environmental impacts and there are increased expectations on organisers to mitigate these impacts and report on how they are doing so.

Our team has practical experience of assisting organisations in a range of sectors with the substantiation of their environmental claims, and with responding to both CMA and ASA investigations. If you’d like us to review your sustainability claims or reports, or would like to know more about the latest position in relation to advertising green claims in the UK, please get in touch.