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Sustainability Greenwashing Federal Trade Commission (FTC)

Beveridge & Diamond PC

Mitigating “Greenwashing” Litigation Risk in the U.S. and Beyond

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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

Venable LLP

Making Green Claims? Keep in Mind New State Laws

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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

Clark Hill PLC

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

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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

Vinson & Elkins LLP

ESG Is Over — As We Know It

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Corporate sustainability continues to evolve, and keeping pace in 2024 means confronting five big questions. For proponents of ESG (environmental, social & governance), 2023 might have felt like a big setback. Asset...more

Davis Wright Tremaine LLP

So You Want to Advertise Your ESG Efforts? Let's Talk.

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

Davis Wright Tremaine LLP

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

FTC Warns Influencers That Disclosures Miss the Sweet Spot - The Federal Trade Commission (FTC) continues to be very clear that policing the failure to disclose material connections by influencers when posting social media...more

Saul Ewing LLP

Saul on ESG: Trends & Updates (October 2023)

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​This issue of Saul on ESG: Trends & Updates marks our first update tracking the legal trends and developments around environmental, social and governance (ESG). In recent years, we have been tracking and highlighting changes...more

Katten Muchin Rosenman LLP

Greenwashing? Try 'Greenhushing' – A Look at Recent Developments in Fashion Sustainability Claims

The fashion industry continues to be a target of activist plaintiffs who allege greenwashing, or in other words, false advertising regarding environmental and/or social aspects of clothing manufacturing and sales. While...more

Brownstein Hyatt Farber Schreck

Greenwashing—While the FTC Gets into the Weeds, Don’t Lose Sight of the Bigger Picture

Consumer awareness about climate change and the environmental and social implications of the goods and services they buy is only growing. In response, products marketed with these sentiments in mind are also on the rise. A...more

BakerHostetler

Greenwashing or Hair Washing?

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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

Holland & Knight LLP

FTC Proposes to Clarify Green Guides for Climate Claims Based on Carbon Offsets

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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

Latham & Watkins LLP

The Future of Green Marketing: Anticipated Changes to the FTC’s Green Guides

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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

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

Hanzo

The Downside of ESG: The Dangers of Greenwashing

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In recent years, there has been an increasing trend for companies to claim environmental sustainability, making public commitments to lower carbon emissions and other eco-friendly measures. However, this rise in environmental...more

Jenner & Block

Can You Go Green Without Being Accused Of Greenwashing?

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On Earth Day and every day, companies face increasing pressure to “go green” or be more “sustainable.” When companies heed this call—whether it’s by reducing GHG emissions, investing in renewable energy, or making their...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

Hogan Lovells

FTC seeks public comment on possible updates to Green Guides

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The Federal Trade Commission (FTC or the “Commission”) recently announced it will accept public comment on proposed updates to its Guides for the Use of Environmental Marketing Claims (“Green Guides”). In particular, the FTC...more

Latham & Watkins LLP

FTC Seeks Public Comments on Green Guides as Part of 10-Year Review Cycle

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The updated Green Guides will likely impact legal liability for environmental marketing claims in the years to come. On December 20, 2022, the Federal Trade Commission (FTC) published a notice (hereinafter, the 2022...more

Holland & Knight LLP

FTC Seeks Input on Potential Updates to Its Green Guides

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At its Dec. 14, 2022, meeting, the Federal Trade Commission (FTC or Commission) voted to obtain public comment on potential revisions to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides). The...more

Kelley Drye & Warren LLP

FTC Starts Process of Updating Green Guides

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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

Venable LLP

FTC Seeks Public Comment on Possible Green Guides Revisions

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At its December 14, 2022 open meeting, the Federal Trade Commission announced it would publish a notice in the Federal Register seeking comment on potential updates or revisions to its existing Green Guides. The Green Guides...more

ArentFox Schiff

ESG and Sustainability Litigation as Vehicles to Compel Environmental Policy Change

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US environmental policy changes tend to occur at a glacial pace, particularly at the federal level. Frustrated with the pace of change, environmental non-governmental organizations (NGOs) and state regulators are increasingly...more

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