Legal Alert: South Africa Opens Commentary Period on New Sustainability Advertising Code

The Advertising Regulatory Board (South Africa) has requested commentary on its draft Sustainability Code, aimed at regulating and substantiating environmental claims made in advertising—covering 17 defined terms including “compostable,” “recycled content,” “carbon neutral,” “free-of,” and “circular.”

These requirements apply to any company or entity that advertises in South Africa, regardless of where it is incorporated.

The draft code introduces obligations for companies to provide scientific evidence for environmental claims, along with clear instruction for composting, recycling, reuse, or disassembly of products and packaging.

Claims must be verifiable and transparent. For example:

– Companies can only claim use of renewable energy if 100% of the energy is from qualified sources—or must state the actual percentage used.
– Compostable items must clarify where composting is possible (home vs. industrial) and provide evidence that the product does not harm compost quality or the environment.

COMMENT PERIOD NOW OPEN
Stakeholders are encouraged to review the draft and submit written feedback to the ARB.

📅 Deadline for submissions: 30 June 2025
📩 Send feedback to: info@arb.org.za