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ARTICLE · 31 MAY 2023

It's Not Easy Being Green: Liability For Greenwashing In Canada

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP

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Regulators and environmental organizations are increasingly focused on holding companies legally responsible for the widespread practice of greenwashing — the use of misleading or unsubstantiated...

CanadaAntitrust/Competition Law
David Tupper
David Tupper
Jonathan Kahn
Jonathan Kahn
Laura Weinrib
Laura Weinrib
Kevin MacDonald
Kevin MacDonald
Pei Li
Pei Li
Ryan McNamara
Ryan McNamara
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Regulators and environmental organizations are increasingly focused on holding companies legally responsible for the widespread practice of greenwashing — the use of misleading or unsubstantiated claims about the sustainability or environmental attributes of a product, service or business.

In 2021, the U.K. Competition and Markets Authority and the International Consumer Protection Enforcement Network (of which Canada's Competition Bureau (Bureau) is an active member) conducted a global sweep of over 500 websites. They found that over 40% of these websites appeared to be using green advertising tactics that could be considered misleading and in contravention of applicable consumer protection laws.

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