DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
The Canadian Competition Bureau (Bureau) recently released the final version of its guidance titled Environmental claims and the Competition Act (Guidelines). The Guidelines follow draft guidance, released in December 2024,...more
On June 5, 2025, the Competition Bureau (the Bureau) published its final Guidelines for environmental claims under the Competition Act (the Act). The Guidelines were created to help businesses and the public understand the...more
In a decision underscoring the complexity and risks of making environmental marketing claims, the National Advertising Division (NAD) issued a decision in a challenge brought by the International Bottled Water Association...more
Recently, the Canadian Competition Bureau published updated guidelines concerning its approach to environmental claims following last year's amendments to Canadian law that specifically targeted greenwashing. These...more
The International Bottled Water Association (or “IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or “BWIB”), suggesting that boxed water is better for the environment. Yesterday, we looked at...more
Eco-friendly labels, such as “green”, “eco-friendly, and “sustainable,” can be a powerful marketing tools, especially as the demand for environmentally friendly products continues to rise. While these labels are a great way...more
The National Advertising Division (“NAD”) resolved a beef between makers of competing meat stick products, Link Snacks Inc. and We Are The Chompions, LLC (“Chomps”). Link Snacks challenged Chomps’ non-specific carbon neutral...more
For the last several years, consumer class actions targeting “greenwashing” have become increasingly common. In 2024, Lululemon Athletica Inc. and Lululemon USA Inc. were on the receiving end of such a lawsuit, but they...more
Earlier this month, a group of eight consumers filed a class action against Procter & Gamble (“P&G”), alleging that the company is engaging in greenwashing by misleading consumers into thinking that its Charmin toilet paper...more
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
In this week’s edition, we discuss the UK’s advertising regulator’s continued focus on greenwashing enforcement – this time, in relation to Virgin Atlantic and its use of sustainable aviation fuel. We also discuss the latest...more
Last week, New York Attorney General Letitia James filed a lawsuit against the world’s largest beef producer JBS USA Food Company and JBS USA Food Company Holdings (JBS Group). The lawsuit challenges the company’s claim that...more
Is a product recyclable if it is made of recyclable materials? Or is it recyclable when it can be recycled by waste management facilities? Last month, the United States District Court for the Northern District of California...more
Welcome to the 2023 inaugural issue of our newsletter, where we explore litigation and regulatory trends and developments from around the food, dietary supplement, and personal care industries. Like most everybody else,...more
The Federal Trade Commission (“FTC” or the “Commission”) is seeking public comments on potential updates to its Guides for the Use of Environmental Marketing Claims (“Green Guides” or “Guides”). The Green Guides are...more
Judge Cathy Seibel of the Southern District of New York recently dismissed a putative class action lawsuit challenging various environmental impact and animal welfare claims made by Allbirds in ads for its wool shoes. In...more
Kelly v. Cameron’s Coffee and Distribution Company, No. 1816-CV00470 (Mo. Cir. Ct. – Jackson Cnty.): Putative class action asserting violations of the Missouri Merchandising Practices Act. Plaintiff alleges that Defendant...more
On October 20, 2015, the U.S. Federal Trade Commission (FTC) issued an opinion and order holding that ECM BioFilms, Inc., a manufacturer of plastic additives, had made false or misleading claims about the biodegradability of...more