The Rise in Greenwashing Claims - Energy Law Insights
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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
In today’s market, eco-friendly claims can serve as a tool for companies looking to attract environmentally conscious consumers. However, this surge in green marketing has also caught the attention of the plaintiffs’ bar,...more
“Kid-friendly.” “Reef-friendly.” “Earth-friendly.” “Pet-friendly.” There’s no shortage of products that are marketed as being “-friendly.” There’s also no shortage of litigation that accuses products of not being as...more
Companies should take note – there is increased global scrutiny around environmental or green marketing, or so-called “greenwashing,” claims. These claims stem from alleged wrongdoing in companies’ marketing representations...more
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
Huggies Diaper Evidence Not a Good "Fit" for #1 Claim, NAD Says - Huggies claimed its diapers were the #1 Best Fitting, a broad claim requiring broad evidence against the market—evidence that the National Advertising...more
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
In recent years, American consumers have demonstrated a focus on how their consumption habits impact the environment. According to McKinsey & Company, “more than half of US consumers are … highly concerned about the...more
2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state...more
Much of the attention on California of late has focused on the passing of two climate-related disclosure laws; namely, the Climate Corporate Data Accountability Act (“CCDAA”) (SB 253) and the Climate-Related Financial Risk...more
While California’s Climate Accountability Package has received much recent attention, another California climate disclosure bill targeting corporate greenwashing was also signed into law on October 7, 2023, and its...more
This episode of the "Eyes on Washington" podcast series by Holland & Knight's Public Policy & Regulation Group is presented by attorneys Halley Townsend, Andy Kriha and Alex Holtan of the firm's Greenwashing Mitigation Team....more
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
When it comes to advertising disputes, there are relatively few substantive decisions to inform best practices. The relevant law boils down to whether a claim constitutes “misleading or deceptive advertising,” which means...more
The National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, has recommended that JBS USA Holdings, Inc., discontinue claims regarding its goal of achieving net zero emissions by...more
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
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
Consumers seem to want to buy products made from sustainable materials or made in sustainable ways. At least, companies seem to think that’s what consumers want, as they continue making claims about how environmentally...more
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
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
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
Environmental marketing claims often present something of a Catch-22—companies that are doing actual good for the environment deserve to reap the benefits of their efforts, and consumers deserve to know, while at the same...more
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