News & Analysis as of

Sustainability Unfair or Deceptive Trade Practices Greenwashing

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

ArentFox Schiff

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

ArentFox Schiff on

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

Mintz

Greenwashing Lawsuit Against Lululemon Dismissed by Federal Court

Mintz on

On February 18, 2025, Judge Bloom (S.D. Fla.) dismissed a lawsuit against Lululemon, the athleisure company, that centered upon allegations of greenwashing. Specifically, the plaintiffs here had contended “that Lululemon...more

Davies Ward Phillips & Vineberg LLP

The Canadian Competition Bureau’s Draft Guidance for Going Green

In June 2024, amendments to the Canadian Competition Act (Act) garnered significant attention (and criticism) from both business and legal communities in Canada for the introduction of new “greenwashing” provisions. The new...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

Venable LLP

Lawsuit Alleging Greenwashing Filed against Procter & Gamble for Charmin Toilet Paper

Venable LLP on

Last month, a putative class action was filed against Procter & Gamble challenging various green advertising claims for its Charmin toilet paper. The complaint brought a variety of state law claims targeting P&G’s...more

Venable LLP

New York Court Dismisses Suit Against JBS but Allows Attorney General to File Amended Complaint

Venable LLP on

Environmental claims are a powerful tool for companies to demonstrate their commitment to sustainability and connect with values-driven consumers. However, these claims are facing increased legal scrutiny, as governments and...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

Jones Day

D.C. Appellate Court Revives Case Against Coca-Cola, Placing "Sustainability" Claims Under Scrutiny

Jones Day on

In reversing a lower court ruling, the D.C. Court of Appeals makes actionable vague, aspirational statements of sustainability as deceptive and misleading representations under the D.C. Consumer Protection Procedures Act...more

Stikeman Elliott LLP

In the Green Zone: Navigating the Competition Act’s New Greenwashing Provisions

Stikeman Elliott LLP on

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

Jones Day

Recent Evolution of the European Regulatory Framework on Greenwashing

Jones Day on

Aiming to enable consumers to make informed purchasing decisions and thus "contribute to more sustainable consumption patterns," the European Union adopted, on February 28, 2024, the Unfair Commercial Practices Directive to...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

Faegre Drinker Biddle & Reath LLP

'Greenwashing' Claims Strike Consumer-Facing Companies: How to Avoid the Increasing Threat of Litigation

Consumers are increasingly conscious of how the products they buy impact the environment. Due to this heightened focus on environmental issues, consumer-facing companies frequently highlight the environmentally friendly...more

Smart & Biggar

A fine line: Green branding or greenwashing?

Smart & Biggar on

Over the past several years, companies across the globe have seen an increasing demand for green and sustainable products and services. This demand has resulted in the rise of “green branding”. Green branding is where a...more

Orrick, Herrington & Sutcliffe LLP

The FTC's Green Guide Updates: What Companies Need to Know

What’s Happening? The U.S. Federal Trade Commission (FTC) has requested comment on whether to retain, modify or rescind the Green Guides, which were originally issued in 1992 and last revised in 2012. Comments are due April...more

Wilson Sonsini Goodrich & Rosati

Last Call for the FTC’s Green Guides

Comment Period Closes on April 24, 2023 - The Federal Trade Commission (FTC) is in the process of updating its Guides for the Use of Environmental Marketing Claims (Green Guides) to assist marketers in ensuring that their...more

Akin Gump Strauss Hauer & Feld LLP

FTC Publishes Updates to its “Green Guides” for the Use of Environmental Marketing Claims

On December 14, 2022, the Federal Trade Commission (FTC) announced that it is seeking public comment with respect to proposed revisions and updates to the “Green Guides for the Use of Environmental Claims” (“Green Guides”)....more

Cadwalader, Wickersham & Taft LLP

FTC Considering Updates to Environmental “Green Guides”

On December 14, 2022, the Federal Trade Commission (FTC) announced that it is seeking public comment “on potential updates and changes to the Green Guides for the Use of Environmental Marketing Claims” (the Notice). The...more

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