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Patrick Crouche - Regulating Green Marketing, 2 Years On - Presentation from the National Green Brands Forum
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Patrick Crouche - Regulating Green Marketing, 2 Years On - Presentation from the National Green Brands Forum

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Patrick Crouche, Director, Enforcement ACCC (VIC) presents on ACCC greenwash guidelines and the steps that a brand needs to take in order to authentically communicate green claims.

Patrick Crouche, Director, Enforcement ACCC (VIC) presents on ACCC greenwash guidelines and the steps that a brand needs to take in order to authentically communicate green claims.

Published in: Business, News & Politics

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Transcript

  • 1. Regulating Green Marketing The ACCC Perspective Patrick Crouche Director, Enforcement, Victoria Australian Competition & Consumer Commission (ACCC) 17 June 2010
  • 2. 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
  • 3. 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 .
  • 4. The spread of green marketing
    • Green marketing becoming more common
    • Demands increased vigilance by regulator and by business
    • Green must BE Green!
  • 5. Sliding scale of concern
  • 6. 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
  • 7. Australian Consumer Law (ACL)
    • Reform of Australia’s consumer protection laws
    • Enforcement/investigation powers
          • substantiation notices
          • infringement notice penalties
          • public warning notices
  • 8. Recent ACCC action: Enforcement
    • SeNevens International – Dec 2008 and Mar 2009
    • Prime Carbon Pty Ltd – Mar 2010
    • Global Green Plan Ltd – Jan 2010
  • 9. Other activity
    • Biodegradable plastic bags – news for business published 19 January 2010
    • International
    • Ongoing Liaison
  • 10.
    • 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
  • 11. More information…
    • www.accc.gov.au
    • 1300 302 502