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Bill C-59 Greenwashing Provisions

New amendments to the Competition Act have been introduced after Bill C-59 received royal assent in late June 2024.

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Among the changes introduced by Bill C-59 were changes to the Deceptive Marketing Practices section of the Competition Act. These deceptive marketing provisions generally prohibit businesses from making false or misleading claims to promote a service, product or business interest. A provision was added by Bill C-59 that is intended to target “greenwashing” (i.e. making untested or unsubstantiated claims about the environmental benefits of a product or business). This has created a new avenue by which to challenge companies’ public statements on environmental protection and climate change regulation.