Australia fines Mercer Superannuation $7.4 million for misleading ESG claims

(Reuters) -Australia's federal court has fined Mercer Superannuation A$11.3 million ($7.4 million) for wrongful claims of the pension fund's environmental, social and governance (ESG) investments, the country's corporate regulator said on Friday.

The Australian Securities and Investments Commission (ASIC) initiated court proceedings against Mercer in early 2023 on grounds of misleading the public, in its first such action on claims of environment-friendly investment and products.

"Contraventions admitted by Mercer are serious. They arose from failures by Mercer to implement adequate systems to ensure that ESG claims in relation to its superannuation products were accurate," ASIC Deputy Chair Sarah Court said.

Mercer has accepted the court's decision about its five marketing statements, it said in an emailed response to Reuters.

"We have cooperated with ASIC and undertaken a comprehensive review of our internal marketing processes and procedures," Mercer said, adding members' funds would not be used to pay the fine.

In February last year, the corporate regulator referred to the pension fund's website contents that claimed its seven "Sustainable Plus" investment options were perfect for members "deeply committed to sustainability."

However, the ASIC alleged those investment options had holdings in AGL Energy, Australia's largest carbon emitter, top alcohol producers such as Carlsberg, and companies engaged in gambling, which contradicted its "sustainable" claims. ($1 = 1.5368 Australian dollars)

(Reporting by Rajasik Mukherjee, additional reporting by Aaditya Govind Rao; Editing by Mrigank Dhaniwala and Savio D'Souza)