Would environmental marketing need a separate substantiation assessment under Canadian law?
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Would environmental marketing need a separate substantiation assessment under Canadian law?
The company publishes no carbon, footprint or recyclability claim.
Paragraph 74.01(1)(b.1) of the Competition Act provides that a person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, the supply or use of a product, “makes a representation to the public in the form of a statement, warranty or guarantee of a product’s benefits for protecting or restoring the environment or mitigating the environmental, social and ecological causes or effects of climate change that is not based on an adequate and proper test, the proof of which lies on the person making the representation”. An environmental claim for a finished product is made by the party that sells it, and that party is the one who must support it. The Terms of Use state: “A reported result describes only what the identified test found.”
Source: Competition Act (R.S.C., 1985, c. C-34), paragraph 74.01(1)(b.1), Justice Laws Website, current to 21 July 2026, read 20 September 2026, https://laws-lois.justice.gc.ca/eng/acts/C-34/FullText.html; C-POLAR — Terms of Use (https://cpolar.tech/terms/).
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