Climate Change, Energy Law and CarbonTrading
“Green Marketing”- Compliance with the Trade Practices Act
As a result of the impending introduction of the AETS, and the increased public awareness on the issues surrounding climate change; environmental and "green" claims are increasingly being used by companies as a marketing tool to enhance their products in the ever-growing 'environmentally friendly' marketplace.
Companies engaging in such business must ensure that such marketing and representations are not misleading and deceptive in accordance with Section 52(1) of the Trade Practices Act 1974 ("the Act"). The ACCC acting as the watchdog in this particular area, has already instituted proceedings against several Australian companies for making "green" or environmental claims in contravention of Section 52 of the Act.
Companies operating in this commercial area should ensure that a suitable compliance program is established to ensure that their business and marketing operations do not breach Section 52 of the Act.
For start up businesses intending to commence operations in the carbon trading, green and energy sectors, please refer to our advice on setting up a business/company section, which includes advice in relation to our Intellectual Property Law and Corporate Finance Advisory services.
