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In proceedings taken by the ACCC, the Federal Court has declared that GM Holden Ltd made false and misleading claims in its “Grrrrrreen” campaign which promoted the environmentally friendly nature of its Saab range of vehicles. In the advertisements GM Holden represented that it had taken measures so that the carbon dioxide emissions from any Saab motor vehicle would be neutral over the life of that motor vehicle. In the same advertisements, GM Holden also represented that in the first year following the purchase of a Saab motor vehicle, GM Holden would plant, on behalf of the purchaser, 17 native trees which would offset the carbon dioxide emissions for the life of that motor vehicle. The ACCC's view was that the carbon dioxide emissions from any Saab motor vehicle would not be neutral over the life of that motor vehicle, and the planting of 17 native trees would only provide a carbon dioxide emission offset for a single year’s operation of the motor vehicle. By consent, the Federal Court declared that GM Holden contravened sections 52 and 53(c) of the Trade Practices Act 1974 by engaging in misleading conduct.

V8 Supercars Australia Pty Ltd has acknowledged the ACCC's concerns that its claim that carbon emissions would be entirely offset by the planting of trees may have been misleading or deceptive and therefore a breach of section 52 of the Trade Practices Act, because there was no explanation that it is likely to take the life-time of the trees before those emissions are absorbed. V8 Supercars has provided court enforceable undertakings to the ACCC that: any future claims about 'green marketing' will be considered by a solicitor with experience in trade practices law before being made; any future claims about trees being planted to offset carbon emissions will include an explanation about the period of time before those emissions would be offset; that it will place an acknowledgement of the ACCC's concerns on its website for a period of no less than 2 months.

Austrimi Seafoods Pty Ltd has offered a section 87B court enforceable undertaking to the ACCC in relation to the packaging of its ‘Kalamari’ branded product. The ACCC was concerned that the packaging of the ‘Kalamari’ product was misleading as the picture of the crumbed seafood rings and use of the word ‘Kalamari’ gave the impression the Product was made predominately of calamari or squid whereas the ingredients list stated it contained only 4% squid. The ACCC had concerns that the overall impression created by the packaging was likely to misled consumer as to the content of the Product in contravention of sections 52 and 53(a) of the Trade Practices Act 1974. Austrimi Seafoods Pty Ltd has undertaken to the ACCC that in the future it will not: supply the product in its current packaging; use the name ‘Kalamari in relation to the product; supply seafood products in packaging and/or with labelling that conveys an overall impression that the product consists mainly of, or includes a not insubstantial proportion of, a particular seafood ingredient when this is not the case; Austrimi Seafoods has also undertaken: to place a corrective notice on its website; to use its best endeavours to have its retail customers place corrective notices at point of sale for a period of 28 days; and to implement a compliance program.

The ACCC accepted a section 87B undertaking from Aurora Energy and the Tasmanian Government in relation to the acquisition of the Tamar Valley Power Station Project and other related assets by Aurora Energy. The undertaking required the parties to hold the assets separate for an interim period, so that the ACCC was able to conduct a full competition assessment of the proposal.