Environmental and Sustainability Guidance
The Law Council of Australia provided a submission to the Australian Competition and Consumer Commission (ACCC) on the draft guidance for business in relation to environmental and sustainability claims (the Draft Guidance).1
The Law Council welcomes the provision of guidance regarding environmental and sustainability claims. It notes that a primary goal of the Draft Guidance is to ‘decrease instances of ‘greenwashing’, which is the practice of making false or misleading environmental or sustainability claims’.2 Among other things, the Draft Guidance aims to ‘help businesses understand and comply with their obligations’ under the Australian Consumer Law (ACL).
The Law Council has advocated for the continued development of clear and consistent guidance materials to support businesses to comply with their existing legal obligations, including under consumer law, when making environmental and sustainability claims.3
1 Australian Competition and Consumer Commission, Environmental and sustainability claims—Draft guidance for business (July 2023) <https://www.accc.gov.au/about-us/publications/environmental-and-sustainability-claims-draft-guidance-for-business> (‘ACCC, Draft Guidance’).
2 See ACCC, Draft Guidance, 3.
3 Law Council of Australia, Submission No 119 to the Senate Standing Committee on Environment and Communications References Committee, Inquiry into Greenwashing (18 August 2023) <https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/Greenwashing/Submissions> (‘Law Council, Inquiry into Greenwashing Submission’) 6.