Pollution Engineering - April 2009 - (Page 19) CASEBOOKCANADA By Dianne Saxe, Ph.D. and Jackie Campbell are too vague). Claims like “environmentally friendly,” “eco” and “green” are also vague terms that should only be used for products or services whose life cycles have been assessed and verified. Vague claims that are used as slogans and that are not based on demonstrated environmental benefit could be considered false or misleading. Claims that relate to environmental performance of a product must be based on proper testing. A claim that a product is free of some substance must only be made where the concentration of the substance is no higher than the concentration at which it would be considered a “trace contaminant” or present at “background level” (although these latter terms are not defined). Such a claim cannot be made based on the absence of ingredients that were never present (e.g. pesticide-free for a product category that never used pesticides); nor can a claim imply that it is safe by indicating that it is “free” of a substance (e.g. a product labeled hydrochlorofluorocarbon-free could be interpreted by consumers as being safe for the atmosphere; however, this would be deceptive if the product contained volatile organic compounds and this were not disclosed). Sustainability claims are complex. As there are no clear methods for measuring or confirming sustainability in products, no product should claim to be sustainable. However, claims that refer to registered management systems may be acceptable, if they are verifiable. PE REFERENCE: 1.Competition Bureau Canada and Canadian Standards Association: Environmental claims: A guide for industry and advertisers (PLUS 14021) June 2008: 1-64. (Link at www. competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02701e.html ) Dianne Saxe & Jackie Campbell is one of Canada’s leading environmental lawyers, is a certified specialist in environmental law and member of the Ontario Bar Association Environmental Section Executive. She also holds one of Canada’s only Doctorates of Jurisprudence (Ph.D.) in environmental law. Visit www.pollutionengineering.com and electronically forward a copy of this article to a colleague or customer. APRIL2009 www.pollutionengineering.com 19 http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02701e.html http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/02701e.html http://www.pollutionengineering.com http://www.siremlab.com http://www.pollutionengineering.com
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