In today’s marketplace, the way a company presents itself visually is under far more than just aesthetic scrutiny. Colours are increasingly interpreted as signals of corporate values, from sustainability to inclusion. Green may suggest environmental responsibility, blue can imply adherence to global standards, and rainbow or pink may signal inclusivity. What were once creative choices are now closely monitored by regulators, carrying tangible legal implications.
Why colours matter
Specific colours can create expectations that, if unsupported, may be considered misleading or deceptive:
Greenwashing: implying eco-friendliness without proper certification or evidence.
Bluewashing: suggesting respect for human rights or international standards without proof.
Pinkwashing / Rainbowwashing: signalling gender or LGBTQ+ inclusivity without genuine commitment.
Redwashing, Brownwashing, Purplewashing: promoting social causes or diversity superficially.
Using colours in marketing, packaging, digital content, or advertising without robust substantiation can expose companies to regulatory action. It is no longer just the language of claims that matters — images, symbols, and design elements are equally relevant.
Legal framework and enforcement
Under the Digital Markets, Competition and Consumers Act 2024 (DMCCA), the Competition and Markets Authority (CMA) can now:
Impose fines of up to 10% of global turnover or £300,000, whichever is higher.
Act without prior court approval.
Penalise exaggerated, vague, or incomplete claims, including colour-coded messaging and imagery.
The Advertising Standards Authority (ASA) is also proactively monitoring marketing content. Automated systems, including AI tools, review campaigns across channels to ensure that claims are backed by verifiable evidence and not misleading to consumers.
Implications for commercial teams
Marketing, sales, and communications teams must take proactive steps to mitigate risk:
Audit all materials using colour-coded claims.
Support every statement with clear, verifiable evidence, certifications, or data.
Avoid vague expressions such as “planet-friendly” or “crafted with care” unless fully substantiated.
Work closely with legal and compliance early in the campaign planning stage.
Maintain detailed records of claims and supporting documentation.
These measures are especially important in sectors such as retail, food and beverage, fashion, and travel, where consumer awareness of authenticity is high.
Looking ahead
Colour-coded messaging can still be an effective tool for brand storytelling. However, it must be handled carefully to avoid reputational and financial risks. For commercial teams, marketing strategies should be integrated with compliance considerations, treating claims not just as creative devices but as legally significant representations of the company’s values.
Whether you are a multinational, SME, influencer, or agency, expert legal guidance is critical. Firms can help navigate these complexities, ensuring marketing materials are compelling, accurate, and fully compliant — so your brand’s message resonates honestly with the audience.
Related Expertise
Disclaimer: This publication is provided by Laytons LLP for informational purposes only. The information contained in this publication should not be construed as legal advice. Any questions or further information regarding the matters discussed in this publication can be directed to your regular contact at Laytons LLP or Laytons’ Commercial team.
