---
title: "Environmental claim substantiation record (one claim, its evidence and the sign-off)"
url: "https://ailawframework.com/precedents/climate-esg-and-sustainability-reporting/environmental-claim-substantiation-record"
type: "precedent"
site: "AI Law Framework"
id: "a48-environmental-claim-substantiation-record"
area_id: "A48"
kind: "form"
ai_level: "red"
version: 1
task_ids: ["A48-R20260922-4"]
law_stated_as_at: "2026-10-18"
---

# Environmental claim substantiation record (one claim, its evidence and the sign-off)

> A record kept for each environmental or sustainability claim before it is published: the exact words and context, the impression it gives, the evidence and its date, qualifications, future-matter grounds, and the legal…

Canonical page: https://ailawframework.com/precedents/climate-esg-and-sustainability-reporting/environmental-claim-substantiation-record  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

A record kept for each environmental or sustainability claim before it is published: the exact words and context, the impression it gives, the evidence and its date, qualifications, future-matter grounds, and the legal sign-off, structured around the ACCC's eight principles.

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Climate, ESG & Sustainability Reporting](https://ailawframework.com/precedents/climate-esg-and-sustainability-reporting.md)
- Jurisdictions: Australia
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 3 authorities it cites, for Australia.

## When to use it

Use for each new or renewed environmental claim in advertising, packaging, websites, social media, investor material or sales scripts (for example "carbon neutral", "recyclable", "net zero by 2040"). Keep it on file so the business can show its basis for the claim if the ACCC, ASIC or a competitor asks.

## Used for these tasks

- [Collect environmental marketing claims and the evidence for them](https://ailawframework.com/practice/climate-esg-and-sustainability-reporting/collect-environmental-marketing-claims-and-the-evidence-for-them.md)

## How AI may be used

AI may collect the claim's wording, placements and the documents offered as evidence; a lawyer decides what the claim conveys, whether the evidence substantiates it and whether it can be published.

**AI may:**

- Collect every placement of the claim from the marketing files supplied and record the exact words and context
- Index the evidence documents with their dates, authors and scope, and flag evidence older than the review date
- List qualifications that appear in the evidence but not near the claim

**AI must not:**

- Must not decide the overall impression the claim conveys to ordinary consumers or investors
- Must not conclude that the evidence substantiates the claim, or that a future claim has reasonable grounds
- Must not suggest alternative claim wording for publication
- Must not complete the sign-off section

**The lawyer checks:**

- The impression conveyed has been assessed in its full context, including images, logos and colours (Principle 7)
- The evidence is current, covers the whole of what is claimed and, where relevant, is independent and scientific (Principle 2)
- A future claim (target, commitment or forecast) has documented reasonable grounds, including a plan and resources (ACL s 4)
- Qualifications are clear and prominent, and the claim is not broad or unqualified (Principles 4 and 5)

## Authorities

- [ACCC, Making environmental claims: A guide for business (December 2023), Principles 1 to 8](https://www.accc.gov.au/system/files/greenwashing-guidelines.pdf)
- [Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) s 4 (misleading representations with respect to future matters)](https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/caca2010265/sch2.html)
- [Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) ss 18, 29 (misleading or deceptive conduct; false or misleading representations about goods or services)](https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/caca2010265/sch2.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/climate-esg-and-sustainability-reporting/environmental-claim-substantiation-record and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*