Complaints over Glencore’s net zero by 2050 claims

COURT OR TRIBUNAL

Ad Standards

DATE FILED (OR FIRST HEARING DATE)

19/09/2022

LITIGATION TYPE

Corporate Accountability

SUBJECT MATTER

Misleading and deceptive conduct

REVIEW TYPE

Merits review

SUMMARY

Lock the Gate Alliance, Comms Declare, and the Plains Clan of Wonnarua People, lodged two separate complaints to Ad Standards. They alleged that Glencore's advertising campaign headlined “Advancing everyday life”, connected to their net zero by 2050 campaign, was greenwashing. 

In the first complaint, the complaint alleged that Facebook advertisements discussed their involvement in mining essential minerals for a low carbon future but were silent about their current mining operations focused on coal mining, and that this was in 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 claims about their current mining activities were not misleading or deceptive as they referred to coal mining activities. 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.

In the second complaint, the complaint alleged that website advertisements discussed their involvement in mining essential minerals for a low carbon future but were silent about their current mining operations focused on coal mining, and that this was in 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 claims about their current mining activities were not misleading or deceptive as they referred to coal mining activities. 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

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