ACCC sues Grill'd over Tree Day Tuesday greenwashing claims

Only 4% of burgers sold actually triggered the promised donation
The ACCC alleges Grill'd misled customers about how many purchases qualified for tree-planting donations under the campaign's hidden terms.

In the space between a brand's stated values and its actual conduct, Australia's consumer regulator has found cause for a federal lawsuit. The ACCC alleges that Grill'd, one of the country's largest burger chains, spent more than three years promising environmental generosity through its Tree Day Tuesday campaign while quietly limiting eligibility through fine print that most customers never encountered. Only one dollar in twenty-five reached the trees it was meant to plant — a gap that raises enduring questions about the integrity of purpose-driven marketing and the responsibility companies bear when they invite consumers to feel good about spending money.

  • Australia's competition watchdog has taken Grill'd to federal court, alleging that a feel-good environmental campaign was systematically undermined by conditions so restrictive they were effectively invisible to ordinary customers.
  • Of more than five million burgers sold on Tuesdays over three years, only around 4% triggered the promised dollar donation — meaning roughly $4.75 million in implied environmental contributions quietly became $250,000.
  • The fine print required customers to order at the counter, dine in, and hold a loyalty membership — conditions never prominently disclosed, turning a nationwide marketing message into something far narrower in practice.
  • Grill'd insists the campaign was undertaken with genuine intent, pointing to 100,000 trees planted and 40 hectares of forest restored, while framing its cooperation with the ACCC as evidence of good faith.
  • The greenwashing case lands alongside a separate class action over unpaid worker rest breaks and a prior controversy involving below-minimum wages for young staff, deepening scrutiny of the gap between the company's public values and its documented practices.

Australia's consumer watchdog has filed a federal lawsuit against burger chain Grill'd, alleging that its Tree Day Tuesday campaign — which promised a dollar toward tree planting for every burger sold on Tuesdays — systematically misled customers about the environmental impact of their purchases.

The numbers expose the distance between promise and practice. Over more than three years, Grill'd sold upwards of five million Tuesday burgers but donated only $250,000 to tree planting — roughly 4% of what the campaign's language implied. The ACCC argues that qualifying conditions were buried in fine print: to trigger the donation, a customer had to order at the counter, dine in, and be enrolled in the Relish loyalty program. None of these restrictions were prominently disclosed.

ACCC chair Gina Cass-Gottlieb described the conduct plainly as greenwashing, noting that across 180 stores nationwide, the campaign had the potential to shape millions of purchasing decisions made in good faith. Grill'd, for its part, pointed to the 100,000 trees planted and 40 hectares of forest restored, framing the campaign as genuinely well-intentioned and noting its ongoing cooperation with regulators.

The lawsuit arrives as Grill'd faces pressure on multiple fronts. A separate class action, backed by the retail workers' union, alleges the company denied staff their entitled paid rest breaks. The company's history also includes a prior controversy in which young workers were paid below minimum wage through a training program loophole. Together, these cases place the chain's stated values — environmental stewardship, fair employment — under sustained legal scrutiny, testing whether good intentions can be separated from what the fine print actually delivers.

Australia's consumer watchdog has taken Grill'd to federal court, accusing the burger chain of a calculated deception wrapped in environmental language. The Australian Competition and Consumer Commission filed the lawsuit on Tuesday, alleging that between January 2021 and April 2024, Grill'd systematically misled customers about its Tree Day Tuesday campaign—a promotion that promised a dollar donation toward tree planting with every burger sold on Tuesdays.

The numbers tell the story of the gap between promise and practice. Over those three years, Grill'd sold more than five million burgers. The company acknowledged donating just $250,000 to tree planting as a result of the campaign. That works out to roughly 4 percent of the burgers actually triggering the promised donation. The ACCC argues that Grill'd buried the real conditions in fine print so obscure that most customers never saw them. To qualify, a customer had to order at the counter for dine-in service—not online, not takeaway, not even via the QR code menu at a table. They also had to be enrolled in Grill'd's Relish loyalty program. These restrictions were never prominently disclosed.

Gina Cass-Gottlieb, the ACCC chair, framed the conduct plainly as greenwashing. "Grill'd is a large fast-food chain and operates across Australia, meaning that its conduct had the potential to mislead many consumers nationwide about the environmental benefits of their purchase," she said. The chain runs 180 stores. The scale of the potential deception matters because it reaches across the country, touching millions of purchasing decisions made in good faith.

Grill'd's response emphasized intent rather than outcome. A company spokesperson said the Tree Day Tuesday promotion was undertaken with positive intent and resulted in the planting of 100,000 trees and restoration of more than 40 hectares of forest. The company stated it takes consumer law seriously and has worked with stakeholders, including the ACCC, to ensure clarity in its sustainability initiatives. The statement reads as a company trying to separate the campaign's environmental results from the legal question of whether customers were deceived about how those results would be achieved.

This lawsuit arrives as Grill'd faces mounting legal pressure from other directions. The company is defending a separate class action brought by Gordon Legal and supported by the retail workers' union, the SDA, on behalf of workers who claim they were denied their entitled 10-minute paid rest breaks on shifts of four hours or longer. When that class action launched in December, Grill'd's chief executive, Simon Crowe, told media the company took its obligations to staff very seriously, describing them as the company's greatest asset. He pointed to a recently approved enterprise agreement as evidence that Grill'd ranks among the highest-paying employers in the fast-food industry.

The company's history also includes past controversies over pay and conditions. Grill'd previously employed young people through a training program that exploited a legal loophole allowing it to pay them below the minimum wage. That pattern—of marketing one thing while the fine print says another, whether in environmental claims or employment practices—now sits at the center of the ACCC's case. The lawsuit tests whether a company's stated values can survive scrutiny of what it actually does.

Grill'd is a large fast-food chain and operates across Australia, meaning that its conduct had the potential to mislead many consumers nationwide about the environmental benefits of their purchase.
— Gina Cass-Gottlieb, ACCC chair
The Tree Day Tuesday promotion was undertaken with positive intent and resulted in the planting of 100,000 trees and restoration of more than 40 hectares of forest.
— Grill'd spokesperson
La Conversación del Hearth Otra perspectiva de la historia
Inventor

Why does the ACCC care about this particular campaign? Isn't it just a marketing promotion that didn't work out?

Model

Because the whole point of the campaign was environmental. Grill'd was asking customers to feel good about buying a burger on Tuesday. If only 4 percent of people actually triggered the donation, then 96 percent of people thought they were helping plant trees when they weren't. That's not a failed promotion—that's a misdirection.

Inventor

But Grill'd did plant trees. They say 100,000 of them. So the environmental outcome happened, even if the mechanism was different.

Model

True, but that's not what the customer was promised. The customer was promised a direct link between their purchase and a donation. If you hide the conditions so deeply that almost nobody qualifies, you've broken that link. You've made the environmental benefit invisible to the person who was supposed to feel it.

Inventor

The fine print was there, though. Customers could have read it.

Model

That's the legal argument Grill'd will probably make. But the ACCC's position is that when you make a big promise on the menu board and bury the real conditions in terms and conditions, you're not really giving people a fair choice. You're counting on them not reading it.

Inventor

Does this connect to the wage issues the company is facing?

Model

It's the same pattern. In both cases, there's a gap between what Grill'd says publicly and what the fine print actually requires. With wages, they say they're a good employer, but workers say they're missing breaks. With the trees, they say you're donating a dollar, but you probably aren't. It suggests a company that's learned to use language carefully to say one thing while doing another.

Inventor

What happens next?

Model

The federal court will decide whether the ACCC has proven greenwashing. If Grill'd loses, there could be penalties and the company might have to change how it advertises environmental campaigns. But the real question is whether this changes how the company operates, or whether it just becomes another legal cost of doing business.

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