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Environmental Social & Governance (ESG) Unfair or Deceptive Trade Practices

Cozen O'Connor

Missouri AG Investigates Proxy Advisors Over ESG and DEI Practices

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Missouri AG Andrew Bailey announced that his office is investigating and has filed parallel lawsuits against Glass, Lewis & Co. (“Glass Lewis”) and Institutional Shareholder Services (“ISS”), two major corporate proxy...more

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

Axinn, Veltrop & Harkrider LLP

Growing Role of Texas In Driving US Antitrust Policy

Texas Attorney General Ken Paxton’s office has long been a significant player in antitrust enforcement. It has been an active enforcer in the technology industry, and has used antitrust as a tool to push back on corporate ESG...more

Kelley Drye & Warren LLP

What’s Next for the Green Guides? Insights from Commissioner Holyoak’s Remarks at CPG

Green marketing is very much in vogue, and so is suing companies over their green marketing. If you want to avoid those suits, you should generally start by looking at the FTC’s Green Guides. But a lot has changed since the...more

Venable LLP

Pleading an Injury in Consumer Class Actions: Is It Enough to Just Say So?

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In recent years, businesses have faced an onslaught of consumer class actions challenging sustainability initiatives, environmental commitments, and ethical sourcing language. In our view, these lawsuits frequently rely on...more

Morgan Lewis

PFAS and Microplastics Litigation: The Latest Front of ESG Lawsuits

Morgan Lewis on

A growing awareness of perfluoroalkyl and polyfluoroalkyl substances (PFAS) and the pervasiveness of microplastics have led to an uptick in litigation by private plaintiffs, nongovernmental organizations, and state attorneys...more

Kelley Drye & Warren LLP

NY Court Stalls JBS Greenwashing Suit

In 2023, NAD reviewed claims that JBS had made about its goal ​“to be net zero by 2040.” NAD determined that although the company had taken steps to reach the goal, those steps weren’t enough to support the claim. In 2024,...more

Kelley Drye & Warren LLP

P&G Accused of Greenwashing and Creating ​“Frankenforests”

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

Paul Hastings LLP

Public Company Watch: October 2024

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In the October edition of our Public Company Watch, we cover key issues impacting public companies, including a recent SEC enforcement sweep, key takeaways stemming from the SEC’s recent adoption of EDGAR Next, two recent...more

Holland & Knight LLP

A Look at Increased Oversight of Financial Institutions in Florida

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For several years, leaders in the Florida executive and legislative branches have sought regulatory and legislative changes to increase banking oversight at the state level. During the 2023 legislative session, House Bill 3...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

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter - April 2024

Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general across the country and...more

Cozen O'Connor

The State AG Report – 12.7.2023

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •AGs in Solar-darity in Fight Against Allegedly Deceptive...more

Davies Ward Phillips & Vineberg LLP

A New Era for Canadian Competition Law: Landmark Proposed Changes to the Competition Act Announced

The government announced significant additional amendments to Canada’s Competition Act in late November 2023, building on those already under consideration by Parliament in Bill C-56 and others enacted in 2022. More...more

Cadwalader, Wickersham & Taft LLP

EU Institutions to Vote on Greenwashing Ban

On September 19, 2023, the European Parliament and European Council agreed on a proposed set of rules to ban misleading advertisements and enhance product information provided to consumers. “Empowering Consumers for the Green...more

Ius Laboris

ESG update: Australia

Ius Laboris on

In Australia, heightened enforcement activity, proposed regulatory regimes focused on ESG matters and other market developments are influencing the ESG risks and priorities for organisations operating here....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

Holland & Knight LLP

New Florida Law Prohibits Use of ESG Factors in Government Investment and Procurement Decisions

Holland & Knight LLP on

Florida Gov. Ron DeSantis on May 2, 2023, signed into law CS/CS/HB 3, which passed the Florida Legislature during the 2023 regular session and becomes effective on July 1, 2023. CS/CS/HB 3 – now codified at 2023-28, Laws of...more

Cozen O'Connor

The State AG Report – 5.11.2023

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Department of Energy’s Proposed Regulations for Household...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

Hogan Lovells

Green Claims Directive Proposal - The EU's new approach to combat greenwashing

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Talk of a draft proposal regarding Green Claims (“the Proposal” or “Green Claims Directive Proposal”) has emerged earlier this year. As a part of the EU’s new Circular Economy Action Plan and New Consumer Agenda, the proposal...more

Greenberg Glusker LLP

What is Greenwashing?

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In a recent webinar, "Greenwashing and its Dirty Consequences," I spoke about what greenwashing is, some examples, types of claims, and referencing the Federal Trade Commission's Green Guides for guidance....more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — October 2022

Regulatory Developments Among State AGs. Over the past few weeks, various state attorneys general have either issued guidance or initiated enforcement actions in connection with ESG ratings. Specifically, among other things,...more

Cozen O'Connor

The State AG Report – 10.6.2022

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Here are this 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: •Arizona AG Fines Google $85 Million Over...more

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