Complaint over Ampol's carbon-neutral fuel claims

COURT OR TRIBUNAL

Ad Standards

DATE FILED (OR FIRST HEARING DATE)

14/09/2022

LITIGATION TYPE

Corporate Accountability

SUBJECT MATTER

Misleading and deceptive conduct

REVIEW TYPE

Merits review

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.

CASE DOCUMENTS

Case determination