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ARTICLE · 04 DECEMBER 2003

´Green´ Claims Must Not Be Misleading

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The Federal Court held in November 2003 that an air-conditioning supplier engaged in false, misleading and deceptive conduct through representations about the environmental benefits of its products.</

AustraliaCorporate/Commercial Law

Article by Mr John Taberner and Ms Emily Sunman

The Federal Court held in November 2003 that an air-conditioning supplier engaged in false, misleading and deceptive conduct through representations about the environmental benefits of its products.

The Australian Competition and Consumer Commission (ACCC) instituted proceedings in the Federal Court alleging contraventions of the Trade Practices Act 1974 (Cth).

The Court declared that the company breached section 52 of the Act by representing that its air-conditioning units had environmental benefits when in fact one gas contained in the units was a powerful greenhouse gas, and another was an ozone depleting substance.

The Court made the following orders with the consent of the parties, that the company:

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