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Marketing Environmental Social & Governance (ESG) Greenwashing

American Conference Institute (ACI)

[Event] West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products - October 8th - 9th, Santa...

ACI’s 3rd Annual West Coast Legal, Regulatory and Compliance Forum on Cosmetics & Personal Care Product is the must-attend event for cosmetics and personal care professionals looking to navigate the toughest legal,...more

K&L Gates LLP

Litigation Minute: A Look Back and Ahead

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What You Need to Know in a Minute or Less - Throughout 2024, we published three series highlighting emerging and evolving trends in litigation. From generative AI to ESG litigation, our lawyers continue to provide concise,...more

Alston & Bird

Sustainability Spotlight - Q3 2024

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Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This...more

K&L Gates LLP

Litigation Minute: Plaintiffs Seek to Expand Greenwashing Claims to 'Aspirational' Statements About Businesses (ESG Litigation...

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What You Need To Know In A Minute Or Less - In a minute or less, here is what you need to know about the expanding state of greenwashing litigation being filed against manufacturers, distributors, and retailers of consumer...more

DLA Piper

Horizon - ESG Regulatory News and Trends - September 2024

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Welcome to Horizon, DLA Piper’s regular bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions....more

K&L Gates LLP

Lawn and Order: Major Steps Against Greenwashing in Europe

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A new and powerful wave of “greenwashing” bans will sweep the European Union (EU) shortly. The EU’s Green Claims Directive and Greenwashing Directive (together, the Green Directives) are key legislative tools being introduced...more

Stikeman Elliott LLP

It’s Not Easy Bein’ Green: New Greenwashing Guidance & Public Consultation

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The new greenwashing provisions in the Competition Act are attracting significant attention from Canadian businesses, especially for those focused on proactively discussing their efforts regarding emissions and the...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

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

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

Venable LLP

Making Green Claims? Keep in Mind New State Laws

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As we anxiously await the Federal Trade Commission’s (FTC) update of the Green Guides, advertisers should keep in mind the various “green” state laws that could affect the production and marketing of certain products. For...more

Mandelbaum Barrett PC

Going Green and Staying Out of Legal Trouble: The Art of Green Marketing

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In today’s environmentally conscious world, green marketing has become a significant trend for businesses aiming to attract eco-minded consumers. Companies often use eco-friendly claims to promote their products and services,...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

American Conference Institute (ACI)

[Event] 30th Annual Advertising and Marketing Law - January 17th - 18th, Toronto, ON, Canada

Hosted by Canadian Institute, the 30th Annual Advertising & Marketing Law conference returns for another exciting year where the top minds convene to network and engage in thought-provoking discussions shaping the law, policy...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reducing the Risk of ‘Greenwashing’ Litigation and Defending Actions That Are Filed

“Greenwashing” refers to the practice of making false or misleading claims about the environmental benefits of a product in order to represent it as more environmentally friendly than it actually is. Given consumers’...more

Katten Muchin Rosenman LLP

Greenwashing? Try 'Greenhushing' – A Look at Recent Developments in Fashion Sustainability Claims

The fashion industry continues to be a target of activist plaintiffs who allege greenwashing, or in other words, false advertising regarding environmental and/or social aspects of clothing manufacturing and sales. While...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates - August 2023

Public media reports have stated that the SEC’s Enforcement Division has been “sen[ding] document requests, including subpoenas” to asset managers in connection with ESG marketing. Apparently, these actions by the SEC’s...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

Society of Corporate Compliance and Ethics...

The ‘S’ in marketing

I can’t think of a better example of the convergence of environmental, social, and governance (ESG) factors, compliance, and ethics than in marketing and public relations. This area is filled with opportunities and risks...more

Holland & Knight LLP

FTC Proposes to Clarify Green Guides for Climate Claims Based on Carbon Offsets

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For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more

Latham & Watkins LLP

The Future of Green Marketing: Anticipated Changes to the FTC’s Green Guides

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The FTC will likely update Green Guides provisions, impacting corporate decision-making in marketing and throughout the value chain. Latham & Watkins is pleased to present a series of Clients Alerts on environmental,...more

Cadwalader, Wickersham & Taft LLP

Report on Greenwashing in the Food Sector Highlights Consumer-Focused Regulatory Activity on Climate Claims

A report released by Dutch environmental advocacy group Changing Markets Foundation has highlighted alleged “greenwashing” in the UK and German food sectors, including via claims such as ‘carbon neutral,’ ‘climate positive,’...more

Cadwalader, Wickersham & Taft LLP

ESMA Announces Review Covering the Marketing of Financial Products across EU including Greenwashing

On January 16, 2023, the European Securities and Markets Authority (ESMA) announced the launch of a common supervisory action (CSA) in partnership with EU Member State national competent authorities (NCAs). The CSA will cover...more

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