In a landmark decision, Vanguard Investments Australia Ltd. has been fined A$12.9 million ($8.9 million) by Australia’s Federal Court for making misleading claims about its ethical investment options.
The penalty marks the highest greenwashing fine issued in the country, as regulators ramp up scrutiny on environmental, social, and governance (ESG) claims by financial institutions.
The Australian Securities and Investments Commission (ASIC), the nation’s securities watchdog, led the case against the US-based asset manager’s local unit, accusing it of providing false information about its Ethically Conscious Global Aggregate Bond Index Fund.
The fund, with nearly A$1 billion in assets, claimed to screen out industries such as fossil fuels from its portfolio, a promise that was found to be largely untrue.
The court discovered that 74% of the securities in the fund were not properly researched or evaluated against the ESG criteria Vanguard had outlined in its public communications.
The asset manager had issued 12 misleading product disclosure statements, along with false claims in a media release and on its website. “Vanguard benefited from its misleading conduct,” the court declared in its judgment.
Despite the significant penalty, Vanguard stated there were no findings of financial loss for investors.
“Vanguard apologizes to its clients for these errors, which were unintentional,” the company said through a spokesperson, emphasizing that they have strengthened internal governance, technology, and training processes to prevent future errors, according to a report in Bloomberg.
The case is part of ASIC’s broader effort to tackle greenwashing, a term that describes companies or funds overstating their environmental credentials to attract investment.
Since mid-2022, the regulator has made close to 50 regulatory interventions to address false environmental claims, underscoring the growing importance of transparency in ESG-related investments.
In recent months, ASIC’s focus on this issue has intensified, with another asset manager, Mercer Superannuation Australia Ltd., facing an A$11.3 million fine for similar greenwashing offenses in August.
With the increasing penalties, Australian regulators are signaling a zero-tolerance approach toward misleading sustainability claims.
Looking ahead, Australia is set to introduce mandatory climate-related disclosures from January, requiring companies and fund managers to be more transparent about their sustainability claims.
Additionally, the country is working on implementing stricter ESG labeling standards for financial products to ensure that investments marketed as sustainable truly meet the advertised criteria.
These steps, regulators say, are crucial to rebuilding trust in ESG investments and ensuring that both institutional and individual investors can make informed choices in a market that is increasingly valuing sustainability.
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