News & Analysis as of

Greenwashing False Advertising Marketing

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

Brownstein Hyatt Farber Schreck

Ensuring Transparency and Compliance in Eco-Friendly Marketing

Eco-friendly labels, such as “green”, “eco-friendly, and “sustainable,” can be a powerful marketing tools, especially as the demand for environmentally friendly products continues to rise. While these labels are a great way...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

Venable LLP

[Event] 11th Advertising Law Symposium - March 20th, Washington, DC

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Venable's AdLaw Symposium is back! Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence....more

Dorsey & Whitney LLP

A Cheat Sheet from the National Advertising Division Conference 2024

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​​​​​​​Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 12 - Spring 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York...more

Mayer Brown

UK Competition and Markets Authority (CMA) reminds fashion retailers that it's not so easy to claim you're green

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The UK Competition and Markets Authority ("CMA") has announced that three fashion retailers have signed voluntary undertakings to ensure that consumers have a clearer idea of how green their clothes really are. At the end of...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

A&O Shearman

New York Attorney General Sues Beef Processing Company In “Greenwashing” Complaint Alleging The Company Publicized Unrealistic...

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On February 28, 2024, the New York Attorney General filed suit against one of the world’s largest beef processing companies (the “Company”), alleging that the Company engaged in deceptive business practices and false...more

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

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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

Katten Muchin Rosenman LLP

District Court Refuses to Dismiss Putative Class Action Challenging Meaning of 'Carbon Neutral' Claim

Advertisers wishing to emphasize their environmental progressiveness often assert that their products or processes are "carbon neutral." This is meant to convey that there are no net emissions of carbon associated with the...more

Cadwalader, Wickersham & Taft LLP

UK’s Competition Authority Launches Investigation into Green Heating and Insulation Sector

On October 17, 2023, the Competition and Markets Authority (CMA) announced that it had opened an investigation into a distributor of heating and insulation products, following allegations that it had made misleading claims...more

American Conference Institute (ACI)

[Event] 7th Annual Forum on Advertising Claims Substantiation - February 8th - 9th, New York, NY

While the modalities of advertising may change, advertising’s core tenant of claims substantiation remains an unwavering constant. As such, legal and regulatory professionals in marketing and advertising set their calendars...more

Cadwalader, Wickersham & Taft LLP

Court Declares Austrian Airlines Liable for Greenwashing

An Austrian regional court found Austrian Airlines AG (AUA), a subsidiary of German airline Lufthansa, liable for greenwashing for advertisements offering carbon-neutral flights that used 100% sustainable aviation fuel (SAF),...more

Jones Day

UK's Advertising Regulator Cracks Down on Greenwashing

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Businesses are increasingly making environmental assertions as they seek to demonstrate their sustainability credentials to consumers. This trend, however, is leading to tougher measures from national regulators as they...more

BakerHostetler

AD-ttorneys@law - August 2023

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CSPI: Performance Enhancer Supplements Aren’t What They Seem - Manufacturers need to start by including the advertised ingredients - Double-Dog Dare You - Would you eat something called Rauvolfia vomitoria? No? Of...more

Latham & Watkins LLP

UK Advertising Standards Authority Publishes Updated Guidance on Greenwashing Claims

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The ASA conveyed a sense of urgency, as it believes influencing consumer behaviour will be an important part of meeting UK net zero targets. On 23 June 2023, the UK’s Advertising Standards Authority (ASA) published an...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

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

BakerHostetler

AD-ttorneys@law - June 2023

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Anti-Junk-Fee Bandwagon Is Getting Crowded - Following a presidential call, Congress and the Golden State are looking to tame hidden charges - Return to Mayberry - We mentioned President Biden’s attack on junk...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

Venable LLP

Event in Review: 9th Annual Advertising Law Symposium

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On September 16, Venable’s Advertising and Marketing Group hosted its 9th Annual Advertising Law Symposium in Washington, DC. After a two-year hiatus due to the coronavirus pandemic, attendees were energized to convene in...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

Stradling Yocca Carlson & Rauth

The Legal Risks of Greenwashing Are Real

When a company misrepresents its sustainability or eco-friendly policies, it is referred to as greenwashing, and consumer activists groups are taking action, warn attorneys with Stradling Yocca Carlson & Rauth. They look at...more

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