In recent months, companies have scored some notable victories in lawsuits involving various types of green claims, including carbon emission claims, aspirational claims, and recyclability claims. As we noted in some of those posts, the decisions may have turned out differently if the cases had been heard by NAD. A new decision
Coca-Cola Scores Second Win over Green Claims in One Month
This month, the DC Superior Court dismissed a lawsuit brought by Earth Island Institute against Coca-Cola, alleging that the company falsely represents itself as “a sustainable and environmentally friendly company, despite being one of the largest contributors of plastic pollution in the world.” The court held that many of the challenged statements are aspirational and
Coca-Cola Beats False Advertising Suit Over Aspirational Claims
Last year, we posted about Earth Island Institute’s lawsuit against Coca-Cola, alleging that the company falsely represents itself as “a sustainable and environmentally friendly company, despite being one of the largest contributors of plastic pollution in the world.” While many lawsuits involving green claims focus on claims about past or present results (which can usually
New Study Identifies Over 57,000 Sites “Presumptively Contaminated” with PFAS
Joe Green and Steve Humphreys wrote on our sister blog, Kelley Green Law:
A new paper from Northeastern University’s PFAS Project Lab and researchers from the National Institute of Environmental Health Sciences (NIEHS) reaches the sobering conclusion that over 57,000 sites in the U.S. have “presumptive contamination” from per- and polyfluoroalkyl substances (“PFAS”). Even
H&M Sued Over Sustainability Claims
Sustainability continues to be a hot topic in the fashion industry, both in ads and in lawsuits related to those ads. Last month, a plaintiff filed a proposed class action against H&M arguing that the company makes various false claims about the sustainability of its products. The lawsuit seems to be prompted by a June
Court Dismisses Lawsuit Against Allbirds Over Green Claims
Last year, we posted about a lawsuit against Allbirds alleging (among other things) that the company’s environmental claims – including claims about its “sustainable” practices, the “low carbon footprint” of its shoes, and its other “environmentally friendly” initiatives – are false and misleading. This week, the US District Court for the Southern District of New
WFA Issues Guidance on Green Claims
Companies that make environmental or “green” claims generally refer to the FTC’s Green Guides for guidance on what they can and cannot say and what substantiation they need. At this point, though, the Green Guides are more than ten years old and they don’t clearly answer many of the questions advertisers have today. Although the FTC has indicated that it plans to review and update the Green Guides, we don’t know when a new version will be out.
In the meantime, the World Federation of Advertisers – with the help from the International Council for Advertising Self-Regulation, the European Advertising Standards Alliance, and experts from the UK’s Advertising Standards Authority – recently issued Global Guidance on Environmental Claims. The Guidance is centered around six key principles, many of which are illustrated with case studies from various countries.
Here’s a summary:
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NAD Continues to Focus on Green Claims
Most NAD challenges are initiated by competitors, but NAD can also initiate its own inquiries as part of its mission to independently monitor national ads for truthfulness and accuracy. Over the past few months, NAD has initiated inquiries into green claims made by Georgia-Pacific and Everlane. Last week, NAD announced a decision
UK’s ASA Roasts Oatly’s Climate-Friendly Claims
If you’re among the over 40% of U.S. consumers who vowed to change how you eat in the new year, fitting into pants that don’t have elastic waistbands may be one of numerous motivators. For many consumers, climate considerations are increasingly among the dietary priorities, and 2022 looks likely to bring plates filled with climate-friendly
NY Lawmakers Introduce Sustainability Requirements for Fashion Industry
Last week, New York lawmakers announced a bill aimed at imposing sustainability reporting requirements on the fashion industry. If passed, the Fashion Sustainability and Social Accountability Act would generally require major fashion retailers to map their supply chains, make various disclosures on their websites, and commit to reducing their environmental impact.
The law