News & Analysis as of September 20, 2024

Green Guides › Class Action

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The Green Guides are set of marketing guidelines issued by the United States Federal Trade Commission to prevent businesses from making misleading environmental claims in marketing and/or advertising and to... more +

Class Action "Greenwashing" Bottled Water Lawsuit Survives Motion to Dismiss in New York Federal Court

Jones Day on 3/15/2024

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

Stay ADvised: 2024, Issue 5

Davis Wright Tremaine LLP on 3/8/2024

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

Greenwashing Litigation: Reduce the Risk of Getting Stuck in the Weeds

Clark Hill PLC on 1/9/2024

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

Top 10 ESG Developments for 2023

ArentFox Schiff on 12/11/2023

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

[Webinar] Going Green? An Update on the Legal and Regulatory Environment Surrounding Environmental Advertising Claims - December...

Venable LLP on 11/22/2023

Environmental advertising claims remain a hot area of regulator action, with the Federal Trade Commission in the process of updating the FTC Green Guides. State legislatures like California’s also remain active in the area,...more

Stay ADvised: Brand Protection & Advertising Law News - August 2023 - 2

Davis Wright Tremaine LLP on 8/31/2023

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more

[Event] 11th Legal, Regulatory & Compliance Forum on Dietary Supplements - June 28th - 29th, New York, NY

American Conference Institute (ACI) on 6/5/2023

ACI and CRN are excited to welcome you back to New York City this Spring for the 11th Legal, Regulatory & Compliance Forum on Dietary Supplements. Since last year, there have been numerous important developments...more

Is Your Product Really “Non-Toxic” or “Biodegradable”? The FTC Weighs In.

Foley & Lardner LLP on 5/24/2023

Over the course of the past decade, and the past year in particular, the consumer products industry has seen an uptick in class action lawsuits challenging environmental marketing claims, including claims on product labels or...more

Advertising Law Issues: 2022 Look Back and 2023 Look Ahead

Kilpatrick on 1/6/2023

(a/k/a You can’t know where you’re going unless you know where you’ve been) - For proper business planning purposes, with the turn of the calendar, it’s a good idea to try to project where the world is going....more

Allbirds Faces Lawsuit Over Green Claims

Kelley Drye & Warren LLP on 9/13/2021

This summer, a plaintiff filed a class action lawsuit against Allbirds, alleging (among other things) that the company’s environmental claims – including claims about its “sustainable” practices, the “low carbon footprint” of...more

As Challenges to Recycling Claims Rise, Use Caution When Giving the “Green” Light

Proskauer - Advertising Law on 12/4/2020

NPR and PBS recently released an attention-grabbing investigation titled “How Big Oil Misled The Public Into Believing Plastic Would Be Recycled.” According to the investigation, beginning in the late 1980s, “big oil” began...more

Rethinking recyclable packaging claims in an evolving litigation landscape

Hogan Lovells on 9/30/2020

Historically, neither food companies nor the plaintiffs’ bar have lost sleep over “recyclable” or “recycled content” claims. Over the past year, however, there has been increasing attention to and scrutiny of recyclable...more

Retail and Consumer Products Law Roundup - November 2015

Manatt, Phelps & Phillips, LLP on 11/5/2015

We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

Wrapping Paper Series Updates

Perkins Coie on 10/20/2015

2015 - The Price of Customer Loyalty: Rewards Programs and Sales and Use Tax Issues - 09.21.2015 - Retailers and other businesses use loyalty and rewards programs to draw in customers throughout the year. However,...more

Advertising Law - September 2015 #3

Manatt, Phelps & Phillips, LLP on 10/1/2015

State AGs Settle Negative Option Marketing Case for $1M: Negative option marketing cost one company $1 million in a recent deal with the Attorneys General of New York, Pennsylvania and Washington. According to the...more

Advertising Law - July 2015

Manatt, Phelps & Phillips, LLP on 7/3/2015

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act - A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

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Green Guides › Class Action

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