The Canadian Competition Bureau has now launched a public consultation to gather input from Canadians specifically regarding the new greenwashing provision which became law on 20 June.

Under the new changes, the Competition Bureau has been given more power to tackle unsupported green claims, commonly known as greenwashing, by:

  • Requiring that claims about the environmental benefits of a product be supported by adequate and proper testing.
  • Requiring that claims about the environmental benefits of a business or business activity be based on adequate and proper substantiation in accordance with an internationally recognized methodology.
  • The Bureau is assessing the impact of these requirements and expects to provide guidance, in due course, that will offer transparency and predictability for the business and the legal communities in the enforcement of the law.
  • The consultation, launched by the Competition Bureau, will inform the Bureau’s development of enforcement guidance about environmental claims, including related to the new provisions.

The Competition Bureau is inviting interested parties to provide feedback by 27 September 2024.

The watchdog also launched a new edition of the Deceptive Marketing Practices Digest that addresses green claims. This edition aims to provide a foundation to understand the issues around environmental claims in general and how businesses can comply with the provisions of the Competition Act already in place prior to the amendments.

“The Competition Bureau has received a large number of requests for guidance on the interpretation of new provisions of the Competition Act aimed at greenwashing. Through our consultation on these new provisions, we will provide guidance that will offer transparency and predictability for Canadians,” explained Matthew Boswell, commissioner of competition.

Last week, Canadian sports retailer Lululemon was the target of greenwashing allegations regarding its Be Planet marketing campaign.

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