On the 5th of June Canada has updated its green washing guidelines and it is heading for a validation approach for environmental claims aplicable also to cosmetics.
Here is a summary of the changes in the guidelines
Key Legislative Changes
New Provisions Added:
- Paragraph 74.01(1)(b.1): Requires environmental benefits claims about products to be based on adequate and proper testing
- Paragraph 74.01(1)(b.2): Requires environmental benefits claims about businesses or business activities to be substantiated using internationally recognized methodology
Four Key Legal Provisions for Environmental Claims
1. False or Misleading Representations
- Prohibits materially false or misleading environmental claims
- Considers both literal meaning and general impression conveyed
- Applies to any promotional representation made to the public
2. Product Performance Claims
- Requires performance claims about products to be based on adequate and proper testing
- Testing must be conducted before making the claim
- Applies to environmental performance claims about how products work
3. Environmental Benefits of Products
- NEW PROVISION: Requires claims about environmental benefits of products to be evidence-based
- Must be supported by adequate and proper testing conducted beforehand
- Covers claims about protecting/restoring environment or mitigating climate change
4. Environmental Benefits of Business Activities
- NEW PROVISION: Requires substantiation using internationally recognized methodology
- Applies to claims about business operations, not just products
- Must follow established, credible methodological standards
Six Compliance Principles
Principle 1: Be Truthful
- Environmental claims must be accurate in both literal meaning and general impression
- Include necessary qualifying information as part of the main claim
- Don’t rely on disclaimers to fix misleading claims
Principle 2: Test Product Claims
- Environmental benefits and performance claims about products need proper testing
- Testing must be adequate for the specific claim being made
- Conduct testing before making public claims
Principle 3: Be Specific About Comparisons
- Clearly state what is being compared (previous versions, competitors, etc.)
- Specify the extent of differences or improvements
- Avoid vague comparative statements
Principle 4: Avoid Exaggeration
- Don’t overstate environmental benefits
- Consider both literal meaning and overall impression
- Small benefits shouldn’t be marketed as major ones
Principle 5: Be Clear and Specific
- Avoid vague terms like “eco-friendly” without specifics
- Clarify whether claims apply to entire product lifecycle or just portions
- Specify scope of business-wide environmental claims
Principle 6: Support Future Claims
- Future environmental commitments need concrete plans
- Require clear understanding of what needs to be done
- Must have realistic, verifiable plans with interim targets
- Show meaningful steps already underway
Key Requirements for Business Compliance
For Product Environmental Claims:
- Conduct adequate and proper testing before making claims
- Ensure testing methodology suits the specific claim
- Focus on actual environmental benefits, not just features
For Business Environmental Claims:
- Use internationally recognized methodology for substantiation
- Ensure methodology is recognized in two or more countries
- Consider scientific rigor and third-party verification when required
- Canadian government-endorsed methodologies are generally acceptable
For All Environmental Claims:
- Ensure claims are not false or misleading
- Consider the general impression created
- Be specific about scope and limitations
- Have evidence ready to support claims
Practical Examples from the Guidelines
Problematic Claims:
- Bath bombs claiming “100% post-consumer waste packaging” when packaging is actually virgin fiber
- Fuel additive performance claims without proper testing of the specific product
- Net-zero commitments without concrete plans or internationally recognized methodology