Recently, RimbaWatch filed, through our solicitors Thurairaj T Kumar and Associates, Malaysia’s first of-its-kind climate litigation case in the Malaysian courts.
This suit seeks to enforce the government’s statutory duty to investigate and address fossil fuel-related advertising, which we believe potentially constitutes greenwashing.
On 20 September 2025, RimbaWatch filed a formal complaint through the relevant channels to both the Ministry of Domestic Trade and Cost of Living Affairs (MoDTCLA) and the Ministry of Natural Resources and Environmental Sustainability (MoNRES).
This complaint concerns a fossil fuel firm’s current marketing of a product, which is derived from fossil fuels, as “carbon neutral” – a claim which we allege is misleading.
We filed the complaint to these ministries as the MoDTCLA represents the agency serving the minister appointed to protect consumers while the MoNRES represents the agency serving the minister appointed to prevent pollution and protect the environment.
- Sign up for Aliran's free daily email updates or weekly newsletters or both
- Make a one-off donation to Persatuan Aliran Kesedaran Negara (ALIRAN), Maybank a/c 507246118995 or CIMB a/c 8004240948
- Make a pledge or schedule an auto donation to Aliran every month or every quarter
- Become an Aliran member
We suggest that, if indeed these claims are misleading, as we believe, they could harm both consumer protection and climate protection interests.
On 30 September, we received a reply from the MoDTCLA, explaining that such a complaint was out of its jurisdiction and that we should instead make our complaint to the MoNRES.
On the same day, we received a reply from the MoNRES stating the matter was out of its jurisdiction and that we should instead make our complaint to the MoDTCLA.
We believe that the decision by both these ministries suggesting – that such complaints are out of their jurisdiction – is 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 these decisions.
In the relevant documents pertaining to the claim, for what we believe is the first time in Malaysia, we rely in part on the International Court of Justice’s (ICJ) climate change advisory opinion from 23 July 2025, which establishes that the standard of due diligence required of states in protecting the climate system is “stringent“ and demands that states put in place a “national system, including legislation, administrative procedures and an enforcement mechanism necessary to regulate the activities in question”, and exercise “adequate vigilance” to make such a system function efficiently (Climate change Advisory Opinion, [138] and [281]).
As such, we believe a refusal to investigate credible allegations of greenwashing represents a failure to exercise the “adequate vigilance” required under this standard.
The ICJ emphasised that due diligence requires “not only the adoption of appropriate rules and measures, but also a certain level of vigilance in their enforcement”, given the seriousness of climate change threats (Climate Change Advisory Opinion, [138]).
Separately, RimbaWatch is concerned over the increasing trend of corporate greenwashing across Southeast Asia, which, as a UN high-level expert group acknowledges, misleadingly portrays companies or other entities as doing more to protect the environment than they actually are, promotes false solutions to addressing climate change, and which delays concrete and credible climate action.
Malaysia, unlike regional counterparts such as Singapore, not yet developed regulatory guidance on greenwashing, nor has it acted proactively to address misleading claims currently being made.
We are hopeful that this suit will act as a wake-up call to the Malaysian authorities to address greenwashing, thus improving alignment between corporate actions and Malaysia’s national climate and developmental priorities. – RimbaWatch
Notes
Copies of responses from both ministries are available at this link. These responses have been edited to remove personal identifying information.
The case numbers are as follows:
- KLHC SUIT: WA-25-435-12/2025 – RIMBAWATCH -V- MOE
- KLHC SUIT: WA-25-436-12/2025 – RIMBAWATCH -V- KPDN
Court documents can be accessed at this link. For further information on how to access these documents, refer to the guide here. There is a hearing date for the RimbaWatch v MoE suit on the 21 January.
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
