Toronto Partner and Co-Leader of Fasken’s Competition, Marketing and Foreign Investment Group, Antonio Di Domenico, explains the key updates to the Competition Act’s greenwashing provisions, in an article published in Canadian Lawyer.
He recommends that businesses develop a solid understanding of the causal connection between any environmental claims being made and their substantiation.
“For example, there could be circumstances where an environmental representation is quite broad in nature, but the substantiation for it is quite narrower, and that’s where you can have a causal connection problem. With that, you want to have a critical look at not only whether or not you have substantiation, but how robust it is—whether it was causally connected to the representation being made,ˮ said Partner, Antonio Di Domenico.
