Charlotte HughesThe EU Green Claims Directive entered enforcement on 27 September 2026 — and fast fashion brands are already feeling the pressure. H&M, whose "Conscious Collection" sustainability labels attracted regulatory action from the Dutch Authority for Consumers and Markets (ACM) and a wave of US litigation, now faces a consumer landscape where misleading green claims are no longer a reputational inconvenience but a legal liability. For UK shoppers who thought they were buying responsibly, the question is suddenly urgent: were you misled, and what can you actually do about it?
The Question Every UK Shopper Is Now Asking
If you have ever picked up a garment labelled "made with organic cotton," "Conscious Choice," or displaying a sustainability scorecard in an H&M store, you may have made a purchasing decision partly on those claims. A 2022 study by the Changing Markets Foundation found that 96 per cent of H&M's green claims breached UK Competition and Markets Authority (CMA) guidelines — a finding that drew headlines at the time but little immediate regulatory consequence in Britain.
That landscape changed in 2026. On 22 January, the CMA published its updated Green Claims Guidance, setting out enforceable standards for environmental marketing across all sectors. Then, on 27 September, the EU Green Claims Directive's enforcement window opened — applying directly to brands selling into European markets and influencing the wider regulatory standard UK authorities track. For UK consumers buying from global retailers, these two developments together mean that sustainability claims now carry a higher legal bar than they did twelve months ago.
What the 2026 Rules Actually Say
The CMA's January 2026 guidance codifies what was previously a principles-based framework into something closer to a checklist. Under the guidance, a green claim must:
- Be accurate and capable of being substantiated with evidence at the point it is made
- Be clear about what aspect of the product it applies to (the material, the packaging, the supply chain, or the whole product)
- Not omit information that would change a consumer's understanding of the claim
- Not use broad terms like "eco-friendly," "sustainable," or "green" without qualifying what that means in measurable terms
The guidance applies to all businesses marketing to UK consumers, regardless of where they are headquartered. H&M, which operates more than 240 stores across the UK and Ireland and sells extensively online, falls squarely within its scope.
Separately, the EU's Green Claims Directive — now in enforcement — goes further, requiring brands to have third-party verification of any environmental claim before it appears on a label or in advertising. This standard, while EU-law rather than UK law, shapes what H&M's global marketing team is obliged to produce, and what UK shoppers can reasonably expect to see evidence of when they ask.
H&M's Sustainability Claims — What Regulators Have Already Found
The Dutch ACM's investigation, which concluded with H&M agreeing to remove its "Conscious" sustainability labels and pay €500,000 to independent sustainability organisations, found that terms like "more sustainable" and "Conscious Choice" were unsubstantiated and likely to mislead consumers. The ACM required H&M to revise its claims and committed to monitoring its marketing for two years.
In the United States, a greenwashing class action lawsuit — one of three filed in recent years — survived a partial motion to dismiss in February 2026, with the court allowing the case to proceed on two garment lines. A separate case brought by Chelsea Commodore, a sustainability marketing expert, alleged that H&M's Sustainability Profiles relied on the Higg Index scoring system in a way that produced inflated scores not reflective of a garment's actual environmental impact.
H&M has denied systematic wrongdoing and removed the Conscious Collection labelling from most markets. But the cumulative picture — a Dutch enforcement action, ongoing US litigation, and CMA guidance now directly applicable to its UK operations — means that a consumer who bought H&M products between 2021 and 2025 on the basis of sustainability claims has plausible grounds to seek redress.
If You Bought "Sustainable" — Here Is What Your Rights Actually Look Like
Under the Consumer Rights Act 2015, a product that is not as described gives the buyer the right to a full refund within 30 days, a repair or replacement within six months, or a proportionate price reduction if the fault cannot be remedied. The phrase "not as described" covers not just physical defects but misleading characterisations — including environmental ones.
This is where it gets specific. Take the case of a shopper who purchased a £45 "Conscious Choice" linen blend shirt from H&M's Oxford Street store in 2023, choosing it over a conventionally labelled alternative at the same price because of the sustainability badge. If that claim was unsubstantiated at the time it was made — as the ACM found in equivalent cases — the shirt may not have been "as described" under UK consumer law.
If the purchase was made within the last six years (the standard limitation period under the Limitation Act 1980), the shopper can:
Write to H&M's UK customer service citing the Consumer Rights Act 2015, Section 9 and Section 11 (goods must match their description), requesting a proportionate refund reflecting the premium paid for sustainability claims that were unverified.
Escalate to their card provider under Section 75 of the Consumer Credit Act 1974, which makes the credit card issuer jointly liable for misrepresentation on purchases between £100 and £30,000 — or use chargeback rights for debit or lower-value credit purchases.
File a complaint with the CMA or Trading Standards if H&M refuses to engage. While regulators rarely pursue individual low-value claims, logged complaints contribute to systemic enforcement cases — and the CMA has shown it will act when complaint volumes build.
For a single garment priced at £45 with a sustainability premium of, conservatively, 20 per cent, the monetary claim is around £9. That figure becomes more significant when aggregated: UK shoppers made an estimated 1.2 billion purchases of items marketed as sustainable in 2024, according to the CMA's own market research. If even a fraction of those claims were non-compliant with the January 2026 guidance, the systemic exposure is substantial.
The if/then logic in practice: If a consumer can show (a) they bought H&M goods described with unverified sustainability claims, and (b) they paid a premium they would not otherwise have paid, then they have a credible claim for misrepresentation under the Consumer Rights Act — regardless of whether H&M faces formal regulatory action in the UK.
What a Legal Expert Can Do That a Form Cannot
Filing a Section 75 claim or a Trading Standards complaint is straightforward. Understanding whether your specific purchase supports a misrepresentation argument — and whether it is worth pursuing — is not. A consumer law solicitor can assess the evidence you have, the value of the claim, and whether to pursue it individually or whether to join others in a group action. The UK already has group litigation mechanisms under Part 19 of the Civil Procedure Rules, and at least one law firm was reported in September 2026 to be exploring a UK-based greenwashing class action against multiple fashion retailers.
The difference between acting alone and acting through a lawyer is typically: precision in framing the claim, access to any no-win-no-fee arrangements, and the ability to negotiate a settlement that reflects the full value of the misrepresentation rather than whatever H&M's customer service team offers on first contact.
What to Do Now
If you have H&M receipts or order confirmations for items marketed as sustainable between 2021 and 2025, keep them. Check whether the label that appeared on the product used CMA-non-compliant language — broad terms without measurable qualification — by comparing what you remember against H&M's archived marketing (available in news coverage and the ACM's published findings).
Then consider whether the claim influenced your decision. If it did, you have options. A consumer law specialist can tell you in a short consultation whether those options are worth pursuing and what the realistic outcome looks like. Under the CMA's January 2026 guidance, "sustainable" is not a word brands can use freely anymore. That change does not un-make past purchases — but it does create a legal framework for revisiting them.
For more information on how UK consumer protection law applies to misleading product descriptions, visit the CMA's guidance on making and checking environmental claims.
This article is for informational purposes only and does not constitute legal advice. If you believe you have been misled by a product's environmental claims, consult a qualified consumer law solicitor.
