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The Climate Litigation Database

Complaint over Ampol’s carbon-neutral fuel claims

Geography
Year
2022
Document Type
Litigation

About this case

Filing year
2022
Status
Dismissed
Court/admin entity
AustraliaAd Standards
Case category
Suits against corporations, individuals (Global)Corporations (Global)Misleading advertising (Global)
Principal law
AustraliaEnvironmental Claims Code
At issue
Complaint against company alleging carbon-neutral fuel as greenwashing.
Topics
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Documents

Filing Date
Document
Type
Topics 
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Search results
09/14/2022
After analysis of both the Complaint and the Advertiser's response, the Ad Standard panel, the Panel determined that hte avertisement did not breach Section 2a) of the Environemtnal Code.
Decision

Summary

Comms Declare, represented by the Environmental Defenders Office, lodged a complaint to Ad Standards alleging that Ampol's claims of carbon-neutral fuel were greenwashing. The complaint alleged that a Facebook advertisement featuring treetops and a caption about Ampol's carbon neutral fuel were a breach of the Environmental Claims Code. In particular, they alleged that there had been a breach of s 1 for misleading or deceptive conduct in relation to environmental claims and s 2 that environmental claims must not overstate their benefit to the environment. The Panel dismissed the complaint. In relation to claims made pursuant to s 1, they found that the target market for the advertisement was business customers who would understand that the service being offered was carbon offsetting for the fuel use. In addition, there was no need for any further disclaimers or qualifications on the advertisement. In relation to claims made pursuant to s 2, they found that the claim did not overstate the benefits to the environment.

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Group
Topics
Target
Policy instrument
Risk
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance