The environmental watchdog claims the ministries failed to exercise 'adequate vigilance' in addressing concerns over fossil fuel-related advertising.
The suits, brought against the natural resources and environmental sustainability ministry (NRES) and the domestic trade and cost of living ministry (KPDN) at the Kuala Lumpur High Court last week, are reputed to be the first-of-their-kind climate litigation cases in Malaysia.
In a statement, RimbaWatch said it had filed complaints with both ministries on Sept 20.
The complaints centred on a fossil fuel company’s marketing of a product derived from fossil fuels as “carbon neutral”, a claim alleged to be misleading.
“We filed the complaint to these ministries as KPDN represents the agency serving the minister appointed to protect consumers while NRES represents the agency serving the minister appointed to prevent pollution and protect the environment.
“We suggest that, if indeed these claims are misleading as we believe, they could harm both consumer protection and climate protection interests,” the statement said.
On Sept 30, KPDN informed RimbaWatch that the complaint was outside its jurisdiction and that it should be filed with NRES instead.
On the same day, NRES told RimbaWatch to file its complaint with KPDN.
The group said the decisions made by both ministries, that the complaint was outside their respective jurisdictions, were incorrect.
“The practical effect of these decisions is that there is seemingly no government agency empowered to investigate potentially misleading advertising or marketing claims related to climate protection.
“Therefore, we have filed a judicial review challenging both decisions,” RimbaWatch said in the statement.
It said its suit against NRES has been fixed for Jan 21. - FMT
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