Regulating Green MarketingThe ACCC Perspective

Patrick Crouche Director, Enforcement, Victoria

Australian Competition & Consumer Commission (ACCC)

17 June 2010

Overview

The role of the ACCC The spread of green marketing Trade Practices Act (TPA)– key provisions Reforms to the TPA Recent ACCC enforcement action Other recent action by the ACCC Summary of key messages

The role of the ACCC

ACCC enforces and ensures compliance with the TPA

TPA applies to all forms of marketing, including packaging, labelling and advertising.

Green claims to be accurate and should be able to be substantiated.

The spread of green marketing

Green marketing becoming more common Demands increased vigilance by regulator

and by business Green must BE Green!

Sliding scale of concern

Relevant TPA Provisions

S52: Misleading and deceptive conduct S53: Misrepresentations

– Standard, quality, value, grade or composition– Sponsorship, approval or benefits

s51A – future matters s55 – nature, manufacturing process, characteristics,

suitability for purpose or quantity of any goods or services

Australian Consumer Law (ACL)

Reform of Australia’s consumer protection laws

Enforcement/investigation powers– substantiation notices – infringement notice penalties– public warning notices

Recent ACCC action: Enforcement

SeNevens International – Dec 2008 and Mar 2009

Prime Carbon Pty Ltd –Mar 2010 Global Green Plan Ltd – Jan 2010

Other activity

Biodegradable plastic bags – news for business published 19 January 2010

International Ongoing Liaison

Environmental claims• Must be accurate and able to be substantiated• Should be specific, not unqualified and/or generic

statements• Should only be made for a real benefit• Must not overstate a benefit• Should clarify whether claimed benefits refer to

packaging or content• Endorsement or certification should be used with

caution

Key Messages

More information…

www.accc.gov.au

1300 302 502