News & Analysis as of

Environmental Claims NAD

Venable LLP

Recyclable, Renewable, Regulated: NAD Pokes Holes in Boxed Water’s Green Pitch

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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

Kelley Drye & Warren LLP

NAD Reviews Green Claims in Battle Between Bottled and Boxed Water

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

Kilpatrick

Beef Between Meat Stick Manufacturers Leads to Withdrawn Environmental Benefit Claims, Substantiated Sourcing Claims

Kilpatrick on

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

Kelley Drye & Warren LLP

NAD Reviews Green Claims for Trash Bags

HoldOn makes trash bags that are certified by the Biodegradable Products Institute (“BPI”) and TÜV Austria as compostable in commercial and home composting settings. The company advertises that the bags are great for trash,...more

Morgan Lewis

New York Attorney General Alleges Company Misled with Ads of Net-Zero Emissions Goals

Morgan Lewis on

The lawsuit against meat packer JBS Foods concerns the company’s advertisements that it would be “Net Zero by 2040” and is one in a growing number of claims arising from allegedly deceptive environmental marketing claims. It...more

Kelley Drye & Warren LLP

Court Holds Reasonable Consumers Won’t be Misled by Sephora’s ​“Clean” Claims

Last week, we posted about an NAD decision that provides some helpful guidance for advertisers who want to use the word ​“clean” to describe their products. One day later, a New York federal court issued a decision in another...more

Kilpatrick

New York Attorney General Has Beef With Meat Company's Aspirational Green Advertising Claims

Kilpatrick on

New York Attorney General Letitia James has filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (“JBS”), subsidiaries of a Brazilian company, the world’s largest beef and poultry producers, for...more

Venable LLP

New York Attorney General Says JBS Net Zero Claims Are Greenwashing

Venable LLP on

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

Venable LLP

[Webinar] Going Green? An Update on the Legal and Regulatory Environment Surrounding Environmental Advertising Claims - December...

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Environmental advertising claims remain a hot area of regulator action, with the Federal Trade Commission in the process of updating the FTC Green Guides. State legislatures like California’s also remain active in the area,...more

Kilpatrick

Aspirational Environmental Green Advertising Claims: Don’t Over-Promise Current Impacts and Be Sure to Substantiate Claims

Kilpatrick on

On the heels of the FTC’s announcement that it plans to revise its Green Guides in the coming months, challenges to environmental claims are increasing across many venues. Recent NAD decisions and newly proposed consumer...more

Kelley Drye & Warren LLP

NARB Recommends Better Distinction Between Current Achievements and Future Goals

Last year, we wrote about a challenge that NAD had initiated against various green claims made by the American Beverage Association (or “ABA”). NAD found that several of ABA’s claims – including claims that “our bottles are...more

Kelley Drye & Warren LLP

Food + Personal Care Product Litigation and Regulatory Highlights – February 2023

This past week, the internet lit up over whether it was okay for President Biden and the First Lady to order the same dish at the Red Hen. In this issue, we invite you to read the February highlights on clean labeling false...more

Kelley Drye & Warren LLP

Food + Personal Care Industry Insights – January 2023

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

Kelley Drye & Warren LLP

NAD Takes Strict View of Green Claims

In recent months, companies have scored some notable victories in lawsuits involving various types of green claims, including carbon emission claims, aspirational claims, and recyclability claims. As we noted in some of those...more

Proskauer - Advertising Law

As Challenges to Recycling Claims Rise, Use Caution When Giving the “Green” Light

NPR and PBS recently released an attention-grabbing investigation titled “How Big Oil Misled The Public Into Believing Plastic Would Be Recycled.” According to the investigation, beginning in the late 1980s, “big oil” began...more

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