News & Analysis as of

Climate Change Unfair or Deceptive Trade Practices

Kelley Drye & Warren LLP

Amazon Hit With Greenwashing Lawsuit

Last week, consumers in four states filed a proposed class action against Amazon, accusing the company of greenwashing by misleading consumers about the sustainability of the company’s Amazon Basics line of paper products....more

Jones Day

New York Courts Shut Down Consumer Protection Claims Regarding Greenwashing

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The amount of climate-related litigation has tripled in the past decade and includes greenwashing claims against some of the largest fossil fuel companies in the world. New York state and its localities have brought some of...more

Davies Ward Phillips & Vineberg LLP

The Canadian Competition Bureau’s Draft Guidance for Going Green

In June 2024, amendments to the Canadian Competition Act (Act) garnered significant attention (and criticism) from both business and legal communities in Canada for the introduction of new “greenwashing” provisions. The new...more

Venable LLP

New York Court Dismisses Suit Against JBS but Allows Attorney General to File Amended Complaint

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Environmental claims are a powerful tool for companies to demonstrate their commitment to sustainability and connect with values-driven consumers. However, these claims are facing increased legal scrutiny, as governments and...more

Mintz

Maine Sues Major Fossil Fuel Companies

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Last week, the State of Maine became the latest state or local government to sue the major fossil fuel companies for damages related to climate change. There are around three dozen lawsuits bringing common law and state tort...more

Stikeman Elliott LLP

In the Green Zone: Navigating the Competition Act’s New Greenwashing Provisions

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The new prohibition against greenwashing under the Competition Act took effect on June 20, 2024, while private actions for deceptive marketing practices will take effect next year. This prohibition merely codifies existing...more

Jones Day

Recent Evolution of the European Regulatory Framework on Greenwashing

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Aiming to enable consumers to make informed purchasing decisions and thus "contribute to more sustainable consumption patterns," the European Union adopted, on February 28, 2024, the Unfair Commercial Practices Directive to...more

Troutman Pepper Locke

New York AG Sues Top Beef Producer for Alleged False “Net-Zero” Claims and Deceptive Trade Practices

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New York Attorney General (AG) Letitia James is suing JBS USA Food Company and JBS USA Food Company Holdings under New York’s consumer protection laws for allegedly attempting to boost consumer sales by making sustainability...more

Katten Muchin Rosenman LLP

California Lawsuit Launches Massive Climate Change Lawsuit Against Major Oil Producers and Their Trade Association

On September 15, California Attorney General Rob Bonta announced the filing of a 135-page complaint against major oil producers and their main trade association. The suit alleges generally that the defendants knew about the...more

Holland & Knight LLP

Podcast - Cracking Down on Carbon Markets: CFTC and FTC Exercise Heightened Scrutiny

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This episode of the "Eyes on Washington" podcast series by Holland & Knight's Public Policy & Regulation Group is presented by attorneys Halley Townsend, Andy Kriha and Alex Holtan of the firm's Greenwashing Mitigation Team....more

Holland & Knight LLP

Double Jeopardy for Double Counting? CFTC and FTC Both Scrutinize Fraud in Carbon Markets

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The Federal Trade Commission (FTC) and Commodity Futures Trading Commission (CFTC) have recently and aggressively signaled their intent to ramp up enforcement activity regarding the use of carbon offsets to make environmental...more

Cadwalader, Wickersham & Taft LLP

European Commission Aims to Tackle Greenwashing in Latest Proposal

On March 22, 2023, the European Commission unveiled a proposal, the Green Claims Directive, (Proposal) aimed at combating greenwashing and misleading environmental claims. By virtue of the Proposal, the EC is attempting to...more

Eversheds Sutherland (US) LLP

Mitigating risks of greenwashing litigation

​​​​​​​On July 28, 2022, a group of environmental nonprofits filed a lawsuit in Washington D.C. Superior Court against a utility alleging that various marketing statements referring to natural gas as “clean,” “carbon...more

Zelle  LLP

Why Climate Plaintiffs Are Filing Securities, Consumer Suits

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A growing trend has emerged in the ongoing effort to hold greenhouse gas emitters accountable for their contributions to global climate change. The first wave of climate change lawsuits in the U.S. against carbon majors —...more

Zelle  LLP

Minn. Big Oil Climate Suit Follows Big Tobacco Blueprint

Zelle LLP on

When Minnesota's Attorney General Keith Ellison announced in June 2020 that his office had filed a climate change lawsuit, the litigation strategy he described was relatively novel for a climate change case. Rather than...more

Husch Blackwell LLP

Increased Scrutiny on Greenwashing

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Greenwashing is under increased scrutiny at the Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC). Greenwashing is clearly damaging to consumers and investors as it imbues purchasing decisions...more

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Newsletter – October 2021

New York Attorney General Enters into Settlement Prohibiting “No-Poach” Pacts in Title Insurance Industry - New York Attorney General Letitia James recently entered into a settlement agreement with a national insurance...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 37

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Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: Vermont Attorney General Sues Fossil Fuel...more

Mintz

Vermont Files Climate Change Lawsuit Against Major Oil Companies

Mintz on

Earlier this week, Vermont became the latest state to file a lawsuit against the major oil companies featuring allegations focusing on climate change. This is simply the most recent of more than two dozen lawsuits that have...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 36

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Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: Creepy Apps: FTC Shuts Down Stalkerware Company...more

Cozen O'Connor

The State Ag Report - Volume 7, Issue 24 | June 2021 #3

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Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: Nevada Legislature Reforms Consumer Protection...more

Maynard Nexsen

City of Charleston, State of Connecticut Among Latest to File Climate Suits

Maynard Nexsen on

On September 9th, the City of Charleston filed a complaint against a number of oil companies in state court alleging nuisance, trespass, and unfair trade practices related to the companies’ marketing of petroleum products....more

Robins Kaplan LLP

Financial Daily Dose 12.11.2019 | Top Story: US and China Hint at Tariff Delay to Help Ease Phase One Negotiations

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U.S. and Chinese trade negotiators are “laying the groundwork for a delay of a fresh round of tariffs set to kick in on Dec. 15” as the countries continue to work through how a Chinese promise to make huge ag purchases from...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2019

LEGISLATION, REGULATIONS & STANDARDS - U.K. Launches Consultation On Allergen Labeling - The U.K. Food Standards Agency has opened a public consultation on labeling allergens on prepared food products. ...more

Cozen O'Connor

The State AG Report Weekly Update July 2018 #1

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Breaking News- Washington Attorney General Reaches Settlement with Seven Fast Food Franchisors Over “No Poach” Provisions in Franchise Agreements- Washington AG Bob Ferguson announced settlements with Arby’s Franchisor,...more

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