News & Analysis as of

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

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

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

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

Stikeman Elliott LLP

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

Stikeman Elliott LLP on

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

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

Holland & Knight LLP on

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

Holland & Knight LLP on

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

Hogan Lovells

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

Hogan Lovells on

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?

Greenberg Glusker LLP on

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

Stinson LLP

SEC Proposes New ESG Disclosures and Naming Rules for Investment Advisers and Funds

Stinson LLP on

On May 25, 2022, the Securities and Exchange Commission (SEC) approved proposals to the “Names Rule” (Rule 35d-1) under the Investment Company Act of 1940 (1940 Act), hereinafter referred to as Proposal One, and to the rules...more

Husch Blackwell LLP

Increased Scrutiny on Greenwashing

Husch Blackwell LLP on

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

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