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Health check

Greenwashing health check

Greenwashing is not a new source of legal risk but increased regulatory scrutiny, elevated penalties and fast evolving societal expectations mean avoiding it is more important than ever. MinterEllison's Greenwashing Health Check provides clear guardrails for ESG claims and promotions. Using a hybrid legal-consulting approach, we undertake a review of marketing materials to ascertain whether claims are potentially misleading or deceptive, and consider the policies, process and procedures for bringing the product claims as well as identifying areas for improvement and uplift.

Our comprehensive seven-step approach

Our multidisciplinary team conducts an exhaustive review using our seven-step approach to identify, manage and mitigate greenwashing risk specific to your organisation’s industry, products and unique operating context.

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Regulatory expectations

We assess your materials against regulator expectations to identify greenwashing risk.

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Commitment consistency

Your public commitments are cross-referenced with your materials to identify inconsistencies.

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Future claims scrutiny

We evaluate your materials where claims are made about future matters, ensuring reasonable grounds for such representations.

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Governance practices

We examine the effectiveness of your existing practices to evaluate governance structures, accountability, capacity, and capability.

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Risk appetite and culture

We assess your practices against your risk appetite and culture criteria, promoting a proactive approach to managing greenwashing risks.

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Management policies, processes, and systems

We scrutinise your practices against your risk management policies, processes, and systems.

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Controls, monitoring and assurance

We evaluate your practices against criteria for the oversight, monitoring, and escalation of risk.

Talk to our team to find out if our Greenwashing health check is suitable for you.

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