While ensuring accurate environmental claims is a laudable goal, unclear standards risk deterring businesses from informing the public of their efforts to achieve environmental goals. Ultimately, if businesses are deterred...more
US formally submits notification of withdrawal from Paris Agreement. On January 27, 2025, Dorothy Camille Shea, the US acting ambassador to the United Nations, submitted a notification of withdrawal from the Paris Agreement...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
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
This White Paper focuses on ESG developments through the Asia-Pacific (“APAC”) region since the start of 2024. For businesses present in the APAC region, as well as doing business there, it is imperative to be vigilant of...more
“Net zero” is a topic as hot as the climate these days. With so much regulatory attention being placed on it, companies that do not communicate their net zero efforts appropriately or, worse, intentionally make false and...more
The U.S. Department of the Treasury (Treasury) announced a new joint statement of policy and new principles (Joint Statement) for responsible participation in voluntary carbon markets (VCMs) with the U.S. Department of...more
With a Little Nudge from the FTC—NAD Able To Take a Closer Look at "Smarter Reviews" Advertising - Following a referral to the FTC, a "review" site suspected of improperly making advertising claims that look like editorial...more
Greenwashing Beef Production - On February 28, New York State Attorney General (NYAG) Letitia James filed a lawsuit with the New York Supreme Court against meat processing company JBS USA for misleading the public about its...more
New York Attorney General (AG) Letitia James is suing JBS USA Food Company and JBS USA Food Company Holdings under New York’s consumer protection laws for allegedly attempting to boost consumer sales by making sustainability...more
Australia continues to be a highly active jurisdiction for climate-related lawsuits. Since our last update in August 2023, we have seen a steady stream of suits commenced against corporations and government bodies in relation...more
Last week, New York Attorney General Letitia James filed a lawsuit against the world’s largest beef producer JBS USA Food Company and JBS USA Food Company Holdings (JBS Group). The lawsuit challenges the company’s claim that...more
New York State Attorney General Letitia James has filed a lawsuit against beef producer JBS in state court. The allegations center around JBS’s allegedly misleading marketing claims related to its commitment to reduce climate...more
California’s unprecedented AB 1305 law purports to target “greenwashing” by mandating public disclosures about virtually any claim of “significant” carbon reductions, but its broad wording and uncertain effective date raise...more
Your company has an ESG (Environmental, Social, and Governance) mission. It could be as (seemingly) simple as using renewable energy in production, sourcing eco-friendly materials or, more broadly, coming up with a "more...more
An Austrian regional court found Austrian Airlines AG (AUA), a subsidiary of German airline Lufthansa, liable for greenwashing for advertisements offering carbon-neutral flights that used 100% sustainable aviation fuel (SAF),...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
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
California recently has passed three climate disclosure laws, with yet another still pending. These new laws are aimed at increasing transparency and consistency in climate-related disclosures, including greenhouse gas (GHG)...more
In September, ahead of the Conservative party conference, Rishi Sunak announced a step back from the Government’s net zero policy and targets. This was followed up last week by the Government’s formal response to the Climate...more
The Mintz Environmental, Social, and Governance (ESG) Working Group developed this ESG primer to provide an overview of the current state of affairs in the United States with respect to the ESG issues that businesses...more
As businesses across the globe strive to fulfill carbon-neutral and net-zero promises over the coming decades, the voluntary carbon market has emerged as a necessary resource to help businesses bridge the gap to...more
The UK’s financial services regulator, the Financial Conduct Authority (FCA), has delayed the release of its policy statement setting out the final rules of the Sustainability Disclosure Requirements (SDRs), leaving asset...more
The risk of an accusation of “greenwashing” is now an important concern for many companies. Greenwashing is an ill-defined concept but, nevertheless, is increasingly a source of litigation and regulatory scrutiny – with more...more
The securitisation industry is already very familiar with data reporting requirements. The growing need for disclosure supporting sustainability credentials will only add to this. We discuss below issues relating to ESG...more