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False Advertising Class Action Greenwashing

Tyson & Mendes LLP

Environmental Friendly Class Action Against Maker of Gore-Tex Based on Speculation

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In February 2025, three law firms from Seattle, Minnesota, and New York boldly filed a Class Action Lawsuit against W. L. Gore & Associates, the manufacturer of the well-known rainproof product “Gore-Tex.” The lawsuit,...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

Beveridge & Diamond PC

Litigation Targeting Plastics Manufacturers

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As we continue to see a rise in litigation related to plastic pollution, plastic manufacturers must remain prepared and should carefully follow the different kinds of claims to see which ones are ultimately more successful....more

Kelley Drye & Warren LLP

Ad Law News and Views - March 2025

IN THE NEWS AND LATEST UPDATES - What’s Next at FTC Following Firings of Democratic Commissioners? It’s been a week since the Trump administration fired FTC Commissioners Slaughter and Bedoya because their ​“continued service...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 7

New Suit Claims "Scientifically False" Pheromone Ads Are "Pure" False Advertising - "It's not myth. It's science." So claims Pure Instinct in its ads for pheromone perfumes. But a new class action lawsuit claims it's not...more

Foley & Lardner LLP

No Harm, No Foul: Greenwashing Lawsuit Dismissed for Lack of Article III Standing

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It is well-settled that under Article III of the Constitution, United States federal courts are limited to trying “cases and controversies.” Moreover, a case or controversy exists only if a plaintiff has standing to file the...more

ArentFox Schiff

Going Green? Lessons From Lululemon’s Defense of a ‘Greenwashing’ Class Action

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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

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

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

Alston & Bird

Class Action & MDL Roundup 2024 Q3 – Our Market Research is Sustainable

Alston & Bird on

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, it’s not a breach if it isn’t stolen, a greenwashing claim is washed away, and a...more

Amundsen Davis LLC

Will Greenwashing Cost Your Company the Green? Mitigating ‘Greenwashing’ Litigation: Defining the Issue and Identifying Strategies

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Consumers are increasingly environmentally conscious. Companies, especially retailers, are subject to increased demands for transparency and accountability regarding the sustainability and eco-friendliness of their products....more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 14

Energizer False Advertising Suit Runs Out of Juice at 9th Circuit - The 9th Circuit affirmed the dismissal of a class action lawsuit alleging that Energizer falsely advertised its AA MAX batteries as "up to 50% longer...more

Clark Hill PLC

The Learned Concierge - May 2024, Vol. 8

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 8

Wonderbelly Antacid's Influencer Marketing Leaves NAD with a Bad Taste - The National Advertising Division (NAD) recently addressed a challenge involving Wonderbelly Antacid, an emerging brand in the antacid market,...more

Jones Day

Class Action "Greenwashing" Bottled Water Lawsuit Survives Motion to Dismiss in New York Federal Court

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On January 10, 2024, a class action lawsuit survived a motion to dismiss a complaint alleging injury due to misleading "carbon neutrality" branding on bottled water. Dorris v. Danone Waters of America, Case No. 22 Civ. 8717...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 5

Huggies Diaper Evidence Not a Good "Fit" for #1 Claim, NAD Says - Huggies claimed its diapers were the #1 Best Fitting, a broad claim requiring broad evidence against the market—evidence that the National Advertising...more

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

ArentFox Schiff on

On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - January 2024 - 2

U.K.'s Competition Authority Sees Red on Unilever "Green" Claims, Launches Investigation - Consumer goods giant Unilever seeks to "mak[e] sustainable living commonplace." Now those aspirations are under review as the...more

Clark Hill PLC

Greenwashing Litigation: Reduce the Risk of Getting Stuck in the Weeds

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In recent years, American consumers have demonstrated a focus on how their consumption habits impact the environment. According to McKinsey & Company, “more than half of US consumers are … highly concerned about the...more

Sheppard Mullin Richter & Hampton LLP

Lizama et al. v. H&M: A Lesson in Artful Crafting of Green Claims

Two plaintiffs learned the hard way that not all environmental marketing claims are treated the same. A federal judge in Missouri recently dismissed a proposed class action by the shoppers against H&M over the company’s...more

Foley & Lardner LLP

Carbon Neutrality Suit Against Delta Airlines Signals the Arrival Time of “Greenwashing” Litigation

Foley & Lardner LLP on

A recent class action filed against Delta Airlines is among the first major consumer cases targeting claims of carbon neutrality. The complaint, filed in Mayanna Berrin v. Delta Airlines Inc., No. 2:23-cv-04150 (C.D. Cal.) on...more

Eversheds Sutherland (US) LLP

Dressed to kill: Greenwashing litigation continues to challenge fashion retailers' sustainability claims

Fashion retailers remain a top target of greenwashing lawsuits. Retailers are under scrutiny for their sustainability representations (discussed in our earlier legal alerts here) and are being targeted by class action...more

Eversheds Sutherland (US) LLP

Out of Vogue: Greenwashing litigation on the rise for fashion retailers

As consumer interest in climate change and sustainability continues to evolve, an increase in “greenwashing” claims directed towards fashion retailers has generated a series of headline-grabbing lawsuits. Over the last year,...more

BakerHostetler

AD-ttorneys@law - August 2022 #2

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FCC Slams American Scammers for 8 Billion Robocalls - With too many calls to document, carriers are ordered to pull the switch on traffic - One Robo to Call Them All - What sort of activity earns a court order, a public...more

Benesch

Point Of Sale Newsletter - Q4 2019

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Consumer activism and conscious consumerism are on the rise, with consumers expected to spend upwards of $150 billion on sustainable products by 2021 in the U.S. alone. Though consumers are willing to pay a premium for...more

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