---
title: "Greenwashing review checklist for environmental and sustainability claims"
url: "https://ailawframework.com/precedents/climate-esg-and-sustainability-reporting/greenwashing-claims-review-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a48-greenwashing-claims-review-checklist"
area_id: "A48"
kind: "checklist"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-17"
---

# Greenwashing review checklist for environmental and sustainability claims

> Pre-publication checklist for environmental, climate and sustainability claims in marketing, product disclosure and corporate reporting, mapped to the ACCC's eight principles, the ASIC greenwashing guidance and the…

Canonical page: https://ailawframework.com/precedents/climate-esg-and-sustainability-reporting/greenwashing-claims-review-checklist  
Law stated as at: 2026-10-17

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

Pre-publication checklist for environmental, climate and sustainability claims in marketing, product disclosure and corporate reporting, mapped to the ACCC's eight principles, the ASIC greenwashing guidance and the misleading conduct provisions.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- 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: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 8 authorities it cites, for Australia.

## When to use it

Use before a client publishes environmental or sustainability claims about products, services, financial products or the business. Not a substitute for substantiation evidence or for advice on product disclosure document content.

## How AI may be used

Lawyer-led for the judgment. AI may collect claims from identified materials and list the evidence the client holds beside each one, but whether a claim is misleading or adequately substantiated is a legal judgment.

**AI may:**

- Extract every environmental or sustainability claim from the pages, decks or documents the lawyer identifies, with location references.
- List beside each claim the evidence the client says supports it, and flag claims with no evidence listed.
- Flag broad or absolute terms (for example 'green', 'sustainable', 'carbon neutral', 'net zero') for the lawyer's attention.

**AI must not:**

- Must not decide whether a claim is misleading, substantiated or compliant.
- Must not rewrite claims for publication without lawyer review.
- Must not create or summarise scientific or certification evidence the client has not supplied.

**The lawyer checks:**

- Each claim's overall impression to the ordinary consumer or investor, including visuals.
- Evidence is current, relevant to the claim's scope and, where possible, independent.
- Future claims (targets, net zero) have reasonable grounds and a documented plan.
- Consistency with the sustainability report, PDS, ASX announcements and website.

## Authorities

- [Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) ss 18, 29, 33, 34 (misleading conduct and representations)](https://www.legislation.gov.au/C2004A00109/latest/text)
- [Australian Consumer Law s 4 (representations about future matters require reasonable grounds)](https://www.legislation.gov.au/C2004A00109/latest/text)
- [Australian Consumer Law s 219 (substantiation notices)](https://www.legislation.gov.au/C2004A00109/latest/text)
- [Australian Securities and Investments Commission Act 2001 (Cth) ss 12BB, 12DA, 12DB, 12DF (financial services: future matters, misleading conduct and representations)](https://www.legislation.gov.au/C2004A00819/latest/text)
- [Corporations Act 2001 (Cth) s 1041H (misleading or deceptive conduct in relation to financial products)](https://www.legislation.gov.au/C2004A00818/latest/text)
- [ACCC, Making environmental claims: a guide for business (December 2023)](https://www.accc.gov.au/about-us/publications/a-guide-to-making-environmental-claims-for-business)
- [ASIC Information Sheet 271, How to avoid greenwashing when offering or promoting sustainability-related products](https://www.asic.gov.au/regulatory-resources/financial-services/how-to-avoid-greenwashing-when-offering-or-promoting-sustainability-related-products)
- [Australian Securities and Investments Commission v Mercer Superannuation (Australia) Limited 2024 FCA 850](https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0850)

## Official form

[Official form](https://www.accc.gov.au/about-us/publications/a-guide-to-making-environmental-claims-for-business)

## 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/greenwashing-claims-review-checklist 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.*