How to avoid the “bull” when promoting your regenerative farming products and techniques

Summary

The ASA, the UK’s advertising watchdog, has just published guidance called “Sowing the seeds of compliance: communicate your regenerative farming initiatives with confidence” which is designed to help those in the agricultural sector get their marketing materials correct.

Why is it important?

The ASA is a relatively benign regulator which is generally seen as helpful to both consumers and producers alike.

However, even a single complaint, if upheld, will result in your advertising and marketing materials being banned. Therefore, if you are operating an agri-business, it is important to take notice of this guidance and see if you are compliant.

Detail

Even though there is no legal or universally agreed definition of the term, “regenerative farming”, its use must be in accordance with the applicable CAP and/or BCAP advertising codes. Given the term can be used in a wide-ranging way, you must make sure that your use is backed by evidence to support the interpretation you mean and your consumers will give it.

What is regenerative farming?

As the guidance says “Regenerative farming, regenerative agriculture – or simply ‘regen’ – was coined as far back as the 1980s, but whilst it has gained particular traction within the agricultural sector and food industry over the last ten years, average consumer understanding and awareness of the term remains relatively low“.

With consumers’ increasing focus on the effects of climate change and the UK Government’s switch to ELMS as the principle method of supporting the UK farming industry, it is tempting for agri-businesses to lean into their regen credentials.  However, if a business is merely meeting mandated standards then making claims in advertising is fraught with difficulties.

Advertising do’s and don’ts

The primary role of the Advertising Standards Authority (“ASA”) is to ensure that consumers are not mislead and so as an agri-business, you must not overclaim your credentials when communicating your regenerative farming initiatives.

Transparency is key

Given the lack of consumer understanding as to what “regenerative farming” means, you should:

• clarify the basis on which your claim is made and be precise regarding which of regen practices you have adopted. For example, are you using all or just some of the following:
  • Limiting soil disturbance
  • Maintaining year-round soil cover
  • Promoting biodiversity and crop rotations
  • Keeping living roots in the soil
  • Integrating livestock and arable systems
• Explain any outcomes on which you rely by reference to objective justification to support consumers’ understanding of them by explaining how they are measured or benchmarked.
• Be clear as to whether you are explaining future goals (and how you are working towards them) or actual measurable results.
• Finally, set out any caveats.

Other key points

The guidance makes clear that you should also:

• “Avoid cherry-picking or tokenism” – are you describing the adoption of particular technique or genuinely talking about a whole farming system?
• “Avoid absolute claims” – unless you have really good evidence, avoid unqualified claims such as “regenerative”, “nature-friendly” or “sustainable” within a food production context.
• “Avoid misleading comparisons with other farming methods” – remember consumers may conflate different farming methods; as you know regenerative is not the same as organic (and the term “organic” does have legal status in the UK).
• “Avoid exaggerating environmental or animal welfare-related benefits” – any suggestion that a product is “better” needs to be substantiated by reference to a baseline.

Further help & reading

The ASA’s Insight Article around environmental claims in food advertising can be found here, whilst a copy of its formal Environmental Guidance can be found here.

Please contact Iain Connor or Charles Courtenay to discuss all your marketing and advertising queries.