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Lululemon marketing complaint could be a test of Canada's greenwashing laws, expert says – CBC News

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A Vancouver non-profit is calling on Canada’s competition regulator to launch a greenwashing investigation into Lululemon — saying the athleisure brand is misleading consumers about its environmental practices.

The complaint, which was filed by the organization Stand.earth last Thursday, says Lululemon’s Be Planet sustainability campaign from 2020, in which the company said it would work to reduce its greenhouse gas emissions, is contradicted by a 2022 impact report that outlined Lululemon’s progress in reaching its climate goals.

The impact report shows the company’s Scope 3 greenhouse gas emissions — indirect emissions that occur as a result of a company’s activities, including those produced by customers using its products — increased from about 471,100 tonnes in 2020 to 847,400 tonnes in 2022. Lululemon wrote in its report that this area “needs acceleration.”

The company also wrote in 2020 that it “leaned into investments and partnerships to develop sustainable materials that demonstrate our leadership in product innovation and environmental harm reduction.” 

Last year, Lululemon partnered with a startup to create clothes from recycled nylon and polyester. But the report from Stand.earth notes that many of the company’s products continue to be made with polyester or nylon, both of which are materials manufactured from fossil fuels.

“We think in this case, Lululemon is telling its customers a bunch of things about the products, that they are environmentally friendly, climate friendly, restorative to the Earth — and that none of those things are true,” said Todd Paglia, executive director of Stand.earth.

“That’s what the Competition Bureau is set up to crack down on, and we’re asking them to do so in this case,” he added.

WATCH | What does greenwashing mean? 

Greenwashing: the secret that some brands don’t want you to know | CBC Kids News

3 months ago

Duration 5:16

Do you ever see companies using terms like “sustainable” or “eco-friendly?” It could be a clue that they are doing something called greenwashing.

It isn’t the first time that Stand.earth has brought attention to Lululemon, either, presenting the company with a “coal medal” in 2022 to highlight its coal emissions after the brand was chosen to design Canada’s Olympic wear during the Beijing Games. 

“There’s a lot of greenwash out there. We picked Lululemon because they’re the most egregious, but there are lots of companies out there that I think are selling themselves as green,” said Paglia.

“They are such a big brand and so much is expected of them,” he added. “They can actually be part of the solution to the climate crisis that we’re facing by driving the company towards what they say they are already doing.”

A swell of public pressure

A thin black tag on a blue pair of shorts.
Lululemon shorts are seen with a tag describing material components. The description includes the body of the shorts, listed at 95 per cent nylon and five per cent elastane, and a pocket lining as 100 per cent recycled polyester. (David MacIntosh/CBC)

A spokesperson for Lululemon told CBC News the company is focused on helping create an industry that is “more sustainable and addresses the serious impacts of climate change.”

The company is committed to its decarbonization plan, the spokesperson added, with the aim of meeting its 2030 climate targets and achieving net-zero emissions by 2050.

“We recognize that the majority of impact comes from emissions within the broader supply chain,” the spokesperson wrote, adding that the company reported on its own emissions in the 2022 annual report.

The complaint comes amid a swell of public pressure on the Canadian brand. A recent Bloomberg story highlighted members of the yoga community, including former Lululemon ambassadors, who have distanced themselves or severed ties with the company, disappointed by its track record on climate change.

Danielle Hoogenboom, a yoga instructor and activist who lives in Vancouver, worked on a Stand.earth campaign two years ago that called on Lululemon to transition to 100 per cent renewable energy by 2030 — a goal the company says it has met in its owned and operated facilities.

“They’re one of Canada’s most influential companies, one of the biggest fashion brands in the world that promote a healthy lifestyle, but they’re fronting,” Hoogenboom told CBC News. “They’re not really doing what they say that they are going to do.

“I think there’s an infinite amount of potential for there to be a really great shift in the way that business is done. And I would love for [Lululemon] to just step out as an absolute leader,” said Hoogenboom.

A test of Canada’s greenwashing laws

The Lululemon logo is affixed to a large brick building, photographed from above and overlooking a neighbourhood.
Lululemon’s offices in Vancouver’s Kitsilano neighbourhood are pictured on Dec. 9, 2022. While complaints about deceptive marketing are generally quicker to resolve, these cases can sometimes take years to move through the Competition Bureau’s system, said Keldon Bester, executive director of the Canadian Anti-Monopoly Project. (Gian Paolo Mendoza/CBC)

Marianne Blondin, a spokesperson for the Competition Bureau, confirmed in an email to CBC News that it received the complaint alleging that Lululemon has engaged in deceptive marketing practices. “There is no conclusion of wrongdoing at this time,” she wrote.

“As the Bureau is obligated by law to conduct its work confidentially, we cannot provide further details related to this matter.”

If the complaint moves forward, it wouldn’t be the first time Lululemon is investigated by the Competition Bureau. 

In 2007, the athletic-wear company removed unsubstantiated claims that a clothing line infused with seaweed had health benefits, following a decision by the regulator that it violated the Textile Labelling Act.

While complaints about deceptive marketing are generally quicker to resolve, these cases can sometimes take years to move through the system, said Keldon Bester, executive director of the Canadian Anti-Monopoly Project and a former special advisor at the Competition Bureau from 2019-2021.

“Deceptive marketing claims are one of the most frequently brought cases by the bureau. So relative to other parts of the competition, Canada’s competition law, they are quite common,” he told CBC News.

“What we are seeing now with this complaint and the more recent RBC greenwashing complaints is whether these broader criticisms of potentially misleading sustainability claims will be recognized not only by the Bureau but by the tribunal who ultimately decides,” he said.

“These cases are going to be important tests of the limits of Canada’s greenwashing laws.”

While deceptive marketing cases sometimes involve fining an offending company, the goal is often a change in behaviour, added Bester. Still, the Competition Bureau is not required to keep the public updated on active investigations.

“I think it won’t be a snappy resolution by any means,” Bester said.

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Telus prioritizing ‘most important customers,’ avoiding ‘unprofitable’ offers: CFO

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Telus Corp. says it is avoiding offering “unprofitable” discounts as fierce competition in the Canadian telecommunications sector shows no sign of slowing down.

The company said Friday it had fewer net new customers during its third quarter compared with the same time last year, as it copes with increasingly “aggressive marketing and promotional pricing” that is prompting more customers to switch providers.

Telus said it added 347,000 net new customers, down around 14.5 per cent compared with last year. The figure includes 130,000 mobile phone subscribers and 34,000 internet customers, down 30,000 and 3,000, respectively, year-over-year.

The company reported its mobile phone churn rate — a metric measuring subscribers who cancelled their services — was 1.09 per cent in the third quarter, up from 1.03 per cent in the third quarter of 2023. That included a postpaid mobile phone churn rate of 0.90 per cent in its latest quarter.

Telus said its focus is on customer retention through its “industry-leading service and network quality, along with successful promotions and bundled offerings.”

“The customers we have are the most important customers we can get,” said chief financial officer Doug French in an interview.

“We’ve, again, just continued to focus on what matters most to our customers, from a product and customer service perspective, while not loading unprofitable customers.”

Meanwhile, Telus reported its net income attributable to common shares more than doubled during its third quarter.

The telecommunications company said it earned $280 million, up 105.9 per cent from the same three-month period in 2023. Earnings per diluted share for the quarter ended Sept. 30 was 19 cents compared with nine cents a year earlier.

It reported adjusted net income was $413 million, up 10.7 per cent year-over-year from $373 million in the same quarter last year. Operating revenue and other income for the quarter was $5.1 billion, up 1.8 per cent from the previous year.

Mobile phone average revenue per user was $58.85 in the third quarter, a decrease of $2.09 or 3.4 per cent from a year ago. Telus said the drop was attributable to customers signing up for base rate plans with lower prices, along with a decline in overage and roaming revenues.

It said customers are increasingly adopting unlimited data and Canada-U.S. plans which provide higher and more stable ARPU on a monthly basis.

“In a tough operating environment and relative to peers, we view Q3 results that were in line to slightly better than forecast as the best of the bunch,” said RBC analyst Drew McReynolds in a note.

Scotiabank analyst Maher Yaghi added that “the telecom industry in Canada remains very challenging for all players, however, Telus has been able to face these pressures” and still deliver growth.

The Big 3 telecom providers — which also include Rogers Communications Inc. and BCE Inc. — have frequently stressed that the market has grown more competitive in recent years, especially after the closing of Quebecor Inc.’s purchase of Freedom Mobile in April 2023.

Hailed as a fourth national carrier, Quebecor has invested in enhancements to Freedom’s network while offering more affordable plans as part of a set of commitments it was mandated by Ottawa to agree to.

The cost of telephone services in September was down eight per cent compared with a year earlier, according to Statistics Canada’s most recent inflation report last month.

“I think competition has been and continues to be, I’d say, quite intense in Canada, and we’ve obviously had to just manage our business the way we see fit,” said French.

Asked how long that environment could last, he said that’s out of Telus’ hands.

“What I can control, though, is how we go to market and how we lead with our products,” he said.

“I think the conditions within the market will have to adjust accordingly over time. We’ve continued to focus on digitization, continued to bring our cost structure down to compete, irrespective of the price and the current market conditions.”

Still, Canada’s telecom regulator continues to warn providers about customers facing more charges on their cellphone and internet bills.

On Tuesday, CRTC vice-president of consumer, analytics and strategy Scott Hutton called on providers to ensure they clearly inform their customers of charges such as early cancellation fees.

That followed statements from the regulator in recent weeks cautioning against rising international roaming fees and “surprise” price increases being found on their bills.

Hutton said the CRTC plans to launch public consultations in the coming weeks that will focus “on ensuring that information is clear and consistent, making it easier to compare offers and switch services or providers.”

“The CRTC is concerned with recent trends, which suggest that Canadians may not be benefiting from the full protections of our codes,” he said.

“We will continue to monitor developments and will take further action if our codes are not being followed.”

French said any initiative to boost transparency is a step in the right direction.

“I can’t say we are perfect across the board, but what I can say is we are absolutely taking it under consideration and trying to be the best at communicating with our customers,” he said.

“I think everyone looking in the mirror would say there’s room for improvement.”

This report by The Canadian Press was first published Nov. 8, 2024.

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TC Energy cuts cost estimate for Southeast Gateway pipeline project in Mexico

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CALGARY – TC Energy Corp. has lowered the estimated cost of its Southeast Gateway pipeline project in Mexico.

It says it now expects the project to cost between US$3.9 billion and US$4.1 billion compared with its original estimate of US$4.5 billion.

The change came as the company reported a third-quarter profit attributable to common shareholders of C$1.46 billion or $1.40 per share compared with a loss of C$197 million or 19 cents per share in the same quarter last year.

Revenue for the quarter ended Sept. 30 totalled C$4.08 billion, up from C$3.94 billion in the third quarter of 2023.

TC Energy says its comparable earnings for its latest quarter amounted to C$1.03 per share compared with C$1.00 per share a year earlier.

The average analyst estimate had been for a profit of 95 cents per share, according to LSEG Data & Analytics.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:TRP)

The Canadian Press. All rights reserved.

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BCE reports Q3 loss on asset impairment charge, cuts revenue guidance

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BCE Inc. reported a loss in its latest quarter as it recorded $2.11 billion in asset impairment charges, mainly related to Bell Media’s TV and radio properties.

The company says its net loss attributable to common shareholders amounted to $1.24 billion or $1.36 per share for the quarter ended Sept. 30 compared with a profit of $640 million or 70 cents per share a year earlier.

On an adjusted basis, BCE says it earned 75 cents per share in its latest quarter compared with an adjusted profit of 81 cents per share in the same quarter last year.

“Bell’s results for the third quarter demonstrate that we are disciplined in our pursuit of profitable growth in an intensely competitive environment,” BCE chief executive Mirko Bibic said in a statement.

“Our focus this quarter, and throughout 2024, has been to attract higher-margin subscribers and reduce costs to help offset short-term revenue impacts from sustained competitive pricing pressures, slow economic growth and a media advertising market that is in transition.”

Operating revenue for the quarter totalled $5.97 billion, down from $6.08 billion in its third quarter of 2023.

BCE also said it now expects its revenue for 2024 to fall about 1.5 per cent compared with earlier guidance for an increase of zero to four per cent.

The company says the change comes as it faces lower-than-anticipated wireless product revenue and sustained pressure on wireless prices.

BCE added 33,111 net postpaid mobile phone subscribers, down 76.8 per cent from the same period last year, which was the company’s second-best performance on the metric since 2010.

It says the drop was driven by higher customer churn — a measure of subscribers who cancelled their service — amid greater competitive activity and promotional offer intensity. BCE’s monthly churn rate for the category was 1.28 per cent, up from 1.1 per cent during its previous third quarter.

The company also saw 11.6 per cent fewer gross subscriber activations “due to more targeted promotional offers and mobile device discounting compared to last year.”

Bell’s wireless mobile phone average revenue per user was $58.26, down 3.4 per cent from $60.28 in the third quarter of the prior year.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:BCE)

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