Last year, we posted that the Environmental Working Group (“EWG”) had filed a lawsuit against Tyson Foods in DC Superior Court, accusing the country’s second-largest meat company of falsely claiming it will achieve net-zero...more
11/24/2025
/ Advertising Substantiation ,
Climate Change ,
Consumer Protection Laws ,
Environmental Claims ,
Environmental Litigation ,
Environmental Social & Governance (ESG) ,
False Advertising ,
Greenhouse Gas Emissions ,
Greenwashing ,
Net Zero ,
Settlement Agreements ,
Sustainability ,
Unfair or Deceptive Trade Practices
This week, New York Attorney General Letitia James announced a $1.1 million settlement with JBS’s American subsidiary resolving allegations regarding the company’s commitment “to be net zero by 2040.” As we previously...more
11/6/2025
/ Assurance of Discontinuation (AOD) ,
Enforcement Actions ,
Environmental Litigation ,
Environmental Social & Governance (ESG) ,
False Advertising ,
Greenhouse Gas Emissions ,
Greenwashing ,
Marketing ,
Net Zero ,
New York ,
Settlement ,
State Attorneys General ,
Sustainability
The City of Philadelphia recently filed a lawsuit against S.C. Johnson & Son (the company that makes Ziploc plastic bags) and Bimbo Bakeries (a company that sells baked goods in plastic bags), accusing the companies of a...more
10/9/2025
/ Consumer Product Companies ,
Consumer Protection Laws ,
Corporate Counsel ,
Enforcement Actions ,
Environmental Claims ,
Environmental Litigation ,
Extended Producer Responsibility (EPR) ,
False Advertising ,
Greenwashing ,
Plastics ,
Product Packaging ,
Recycling ,
State and Local Government ,
Unfair or Deceptive Trade Practices
Last week, a California federal judge approved a $1.5 million settlement to a class of Rust-Oleum customers who accused the company of “greenwashing” by using terms like “non-toxic” and “Earth Friendly” on labels for its...more
Most of the lawsuits we’ve seen with allegations of “greenwashing” take the form of consumer class actions. These lawsuits can also take place between competitors, though. Last week, for example, Moldex-Metric filed a...more
9/29/2025
/ Advertising ,
Competition ,
Environmental Claims ,
Environmental Litigation ,
False Advertising ,
Federal Trade Commission (FTC) ,
Green Guides ,
Greenwashing ,
Lanham Act ,
Sustainability ,
Unfair or Deceptive Trade Practices
Caraway Home sells nonstick cookware that is made with a non-toxic ceramic coating and without “forever chemicals” (i.e., per- and polyfluoroalkyl substances (PFAS)). The company advertised that “most traditional cookware...more
Robert F. Kennedy Jr. promised big changes as Secretary of the Department of Health & Human Services, the sweeping agency that oversees FDA, NIH, CDC, and other divisions and agencies. Five months into his tenure, he has...more
7/25/2025
/ Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
New Legislation ,
Product Labels ,
Public Health ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
USDA ,
Warning Labels
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
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. NAD’s decision covers a...more
In 2021, California enacted the SB 343 – “Truth in Recycling Law” – which generally prohibits companies from using the “chasing arrows” symbol or otherwise implying that a product or package is recyclable, unless the...more
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
3/24/2025
/ Amazon ,
Class Action ,
Climate Change ,
Consumer Protection Laws ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Greenwashing ,
Supply Chain ,
Sustainability ,
Unfair or Deceptive Trade Practices
Two new class action complaints, both captioned Robins v. Lemme Inc., were filed in in California Superior Court and the Southern District of New York on February 19 and March 9, respectively....more
3/17/2025
/ Advertising ,
Class Action ,
Consumer Fraud ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Healthcare ,
Kim Kardashian ,
Personal Care Products ,
Pharmaceutical Industry ,
State Attorneys General ,
Unfair or Deceptive Trade Practices ,
Weight-Loss Products
Green marketing is very much in vogue, and so is suing companies over their green marketing. If you want to avoid those suits, you should generally start by looking at the FTC’s Green Guides. But a lot has changed since the...more
In 2023, NAD reviewed claims that JBS had made about its goal “to be net zero by 2040.” NAD determined that although the company had taken steps to reach the goal, those steps weren’t enough to support the claim. In 2024,...more
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
FDA issued a final rule today updating the requirements food must meet to be marketed as “healthy.” FDA says that a “healthy” claim “implies that the nutrient content of the food may help consumers maintain healthy dietary...more
If you manufacture or sell packaging or products that are sold in packaging, you should be mindful of a movement to impose liability for packaging waste through Extended Producer Responsibility, or “EPR.” EPR is a policy...more
In January, we reported that a judge in the Southern District of New York refused to dismiss a class action alleging that “carbon neutral” claims on bottles of Evian water were misleading. The judge determined that the term...more
The deadline for the California law requiring disclosure of information substantiating carbon reduction claims is January 1, 2025, so companies should begin working on these disclosure statements if they are not underway or...more
On October 31, 2024, LA County Counsel filed a lawsuit against PepsiCo and Coca Cola on behalf of California in an attempt to hold the companies “accountable for their role in the plastic crisis that is overwhelming the...more
Last week, a federal court in the District of Minnesota struck down Target’s motion to dismiss a class action complaint against the company for its “Target Clean” line of beauty products, because the Court said it could not...more
Last week, the Environmental Working Group (“EWG”) filed a lawsuit against Tyson Foods in DC Superior Court under the DC Consumer Protection Procedures Act (“CPPA”), accusing the country’s second-largest meat company of...more
In 2021, Earth Island Institute filed a lawsuit against Coca-Cola, alleging that the company’s campaign to promote its sustainability efforts and goals amounted to greenwashing. A year later, the DC Superior Court dismissed...more
Last week, a Florida consumer filed a putative class action against Lululemon, alleging that the company’s “Be Planet” campaign “goes too far by creating the general, express, and implied impression in consumers’ minds”...more
The Biden Administration published a joint policy statement and set of principles for participating in the voluntary carbon markets (“VCMs”) on Tuesday.
The set of principles recognize the role that carbon credits have...more