Popular, Misleading Statements, Greenwashing

Stay ADvised: 2025, Issue 7

Davis Wright Tremaine LLP on 4/4/2025

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

Top 5 SEC Enforcement Developments for October 2024

Morrison & Foerster LLP on 11/29/2024

Each month, we publish a roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. This month, we examine: •Accounting fraud charges for allegedly concealing costs; ...more

Luxury and ESG: Navigating the New EU Legal Landscape in the Fashion and Luxury Goods Industry

White & Case LLP on 9/3/2024

Due to the increased importance of sustainability, environmental protection and social factors in recent years, the luxury industry has found itself at a crossroads of tradition and transformation. Once characterized...more

EU Regulators Announce Greenwashing Investigation of 20 Airlines

Mintz on 5/3/2024

The European Commission and EU consumer authorities have sent letters to 20 airlines “identifying several types of potentially misleading green claims,” focusing on “claims made by airlines that the CO2 emissions caused by a...more

March 2024 ESG Policy Update—Australia

K&L Gates LLP on 4/2/2024

Australian Update - Australian Securities and Investments Commission Continues Greenwashing Enforcement Efforts - On 28 February 2024, the Australian Securities and Investments Commission (ASIC) reported that an outsourced...more

ESG Deception or Overreach – Understanding the Landscape of Greenwashing Litigation

Oliva Gibbs on 10/4/2023

In addition to the risk of regulatory enforcement actions and penalties, the court system continues to be used as a battleground for climate issues through litigation against oil and gas (“O&G”) companies....more

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

Foley & Lardner LLP on 6/16/2023

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

European Digital Compliance: Key Digital Regulation & Compliance Developments - March 2023

Morrison & Foerster LLP on 4/6/2023

To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more

Australia’s Securities and Consumer Protection Regulators Pursue Alleged Greenwashing

Cadwalader, Wickersham & Taft LLP on 3/9/2023

On February 28, 2023, Australia’s securities regulator, the Australian Securities and Investments Commission (ASIC), announced that it had commenced “civil penalty proceedings” in federal court against Mercer Superannuation...more

Increased Scrutiny on Greenwashing

Husch Blackwell LLP on 11/4/2021

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

Greenwashing: A survey of recent litigation

Eversheds Sutherland (US) LLP on 10/18/2021

As climate change jurisprudence continues to evolve, an offshoot of “greenwashing” claims has generated a series of headline-grabbing lawsuits. The definitions vary but most references to greenwashing include claims...more

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