News & Analysis as of

Federal Trade Commission (FTC) Environmental Policies Greenwashing

Kelley Drye & Warren LLP

Can Companies Use ​“Mass Balance Accounting” to Substantiate Green Claims?

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. NAD’s decision covers a...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

A&O Shearman

Antitrust regulators diverge on treatment of sustainability

A&O Shearman on

In 2024, regulators across the globe increasingly acknowledged the need for a nuanced enforcement approach to balancing support for sustainability initiatives against traditional antitrust enforcement and countering the risk...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

DLA Piper

California’s Recycling Claims Restrictions Approach, but Some Compliance Obligations are Already in Effect

DLA Piper on

The California Department of Resources Recycling and Recovery (CalRecycle) has issued its Revised Preliminary Findings Report on the recyclability of various materials under the state’s “Truth in Recycling” law, also known as...more

Katten Muchin Rosenman LLP

What Will the New FTC Do With the Green Guides?

The incoming administration will change the Federal Trade Commission leadership. Chair Lina Khan, whose term has expired, is leaving, making way for a new majority of three Republican Commissioners. Andrew Ferguson will...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - September 2024

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

Jones Day

The UK Competition and Markets Authority Takes Action Against Allegedly Misleading Environmental Claims

Jones Day on

The Situation: The UK Competition and Markets Authority ("CMA") recently secured undertakings from fashion brands ASOS, Boohoo, and George at Asda to address allegedly misleading environmental claims. The CMA has also...more

Jones Day

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

Jones Day on

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

Holland & Knight LLP

EPA Releases Draft of National Strategy to Prevent Plastic Pollution

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) Office of Resource Conservation and Recovery (ORCR) released the draft National Strategy to Prevent Plastic Pollution (EPA 530-R-23-006) (Draft Strategy) on April 21, 2023. The...more

Hanzo

The Downside of ESG: The Dangers of Greenwashing

Hanzo on

In recent years, there has been an increasing trend for companies to claim environmental sustainability, making public commitments to lower carbon emissions and other eco-friendly measures. However, this rise in environmental...more

Jenner & Block

Can You Go Green Without Being Accused Of Greenwashing?

Jenner & Block on

On Earth Day and every day, companies face increasing pressure to “go green” or be more “sustainable.” When companies heed this call—whether it’s by reducing GHG emissions, investing in renewable energy, or making their...more

ArentFox Schiff

ESG and Sustainability Litigation as Vehicles to Compel Environmental Policy Change

ArentFox Schiff on

US environmental policy changes tend to occur at a glacial pace, particularly at the federal level. Frustrated with the pace of change, environmental non-governmental organizations (NGOs) and state regulators are increasingly...more

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