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Environmental Claims

Venable LLP

Green Claims: An Excerpt from the Advertising Law Tool Kit

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Protecting the planet against climate change is a social movement—and big business. The Federal Trade Commission (FTC) has issued detailed and specific guidance for marketers about how to substantiate so-called green...more

Hinshaw & Culbertson - Insights for Insurers

The Hawaii Supreme Court Determines that Greenhouse Gases are "Pollutants" and Ruled Coverage for Climate-Related Claims is Barred...

On October 7, 2024, the Hawaii Supreme Court, responding to questions certified by the United States District Court for the District of Hawaii, determined that insurers had no duty to defend Aloha Petroleum ("Aloha") in two...more

Jenner & Block

Client Alert: The Proliferation of Plastics Litigation and Insurance Coverage

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Concerns surrounding plastic, particularly microplastics and synthetic microfiber, pollution are growing. As federal and state governments continue to focus on this issue, lawsuits seeking to hold companies accountable for...more

Jones Day

Australian Corporate Regulators Continue to Target Environmental Claims and Greenwashing in Enforcement Activities

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ESG-related enforcement remains a top priority and focus for Australia's corporate regulators. Since our last update, there has been a steady stream of enforcement activity aimed at climate-related representations and...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - September 2024

In this week’s edition, we discuss the UK’s advertising regulator’s continued focus on greenwashing enforcement – this time, in relation to Virgin Atlantic and its use of sustainable aviation fuel. We also discuss the latest...more

Beveridge & Diamond PC

Canada Amends the Competition Act to Target Greenwashing

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Canada is increasing accountability for environmental claims by explicitly requiring companies to substantiate claims promoting the environmental benefits of their products and business activities. Bill C-59 (which received...more

Hogan Lovells

German Supreme Court’s first decision on “Climate neutral” claims in advertising

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The German Federal Supreme Court issued its first ruling on “climate neutral” claims for consumer products: The simple claim that a product is “produced climate-neutrally” is too vague and constitutes misleading advertising....more

(ACOEL) | American College of Environmental...

Should Environmentalists Welcome Declining Birthrates?

The annual release of projections for how long the Social Security trust funds will be able to pay the amounts earned by beneficiaries shows that the gap has grown between what retirees are scheduled to receive and what...more

White & Case LLP

Proposed Australian Environmental Law Reforms

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The Australian Federal Minister for the Environment and Water has tabled proposed laws before the Australian Parliament to establish new national environmental agencies, enhance their enforcement powers and establish the...more

Jones Day

The UK Competition and Markets Authority Takes Action Against Allegedly Misleading Environmental Claims

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The Situation: The UK Competition and Markets Authority ("CMA") recently secured undertakings from fashion brands ASOS, Boohoo, and George at Asda to address allegedly misleading environmental claims. The CMA has also...more

Kelley Drye & Warren LLP

NAD Reviews Green Claims for Trash Bags

HoldOn makes trash bags that are certified by the Biodegradable Products Institute (“BPI”) and TÜV Austria as compostable in commercial and home composting settings. The company advertises that the bags are great for trash,...more

Morgan Lewis

Two EU Directives Aim to Shape European Legal Framework for Green Claims and Greenwashing

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The European legislator has initiated two directives with the intent of clarifying and unifying the EU’s legal framework on environmental claims, the EmpCo Directive and Green Claims Directive. Environmental, social, and...more

Morgan Lewis

New York Attorney General Alleges Company Misled with Ads of Net-Zero Emissions Goals

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The lawsuit against meat packer JBS Foods concerns the company’s advertisements that it would be “Net Zero by 2040” and is one in a growing number of claims arising from allegedly deceptive environmental marketing claims. It...more

Kelley Drye & Warren LLP

Federal Court Unpacks Challenge to Fishy Environmental Claims

Breaded fish fillets were the latest target of an ESG class action lawsuit examining sustainable certifications, traceability claims, and broad environmental benefit claims for ConAgra’s fish fillets and similar seafood...more

Blake, Cassels & Graydon LLP

Actions relatives à l’environnement : Décision de la Cour d’appel de l’Alberta sur la prorogation des délais de prescription

Le 21 février 2024, la Cour d’appel de l’Alberta (la « CAA ») a rendu sa décision dans l’affaire Paramount Resources Ltd. v. Grey Owl Engineering Ltd., laquelle constitue la plus récente décision sur l’application possible de...more

Beveridge & Diamond PC

EU Cracks Down on Environmental Claims (Updated)

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Update: On February 20, the Empowering Consumers for the Green Transition Directive (the “Directive”) received final approval from the European Council and was published in the Official Journal of the EU on March 6, 2024. The...more

Kelley Drye & Warren LLP

Court Holds Reasonable Consumers Won’t be Misled by Sephora’s ​“Clean” Claims

Last week, we posted about an NAD decision that provides some helpful guidance for advertisers who want to use the word ​“clean” to describe their products. One day later, a New York federal court issued a decision in another...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: U.S. Environmental Protection Agency Denies Objection to a Cameron Parish, Louisiana Liquid Natural Gas...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a January 30th Order denying a Petition objecting to the issuance of a Title V Operating Permit (“Permit”) for Commonwealth LNG, LLC,...more

Jones Day

Climate Litigation in Australia Remains Active

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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

Blake, Cassels & Graydon LLP

When to Extend the Limitation Period in Environmental Claims: Alberta Court of Appeal Issues Its Latest Ruling

The Alberta Court of Appeal issued its decision in Paramount Resources Ltd. v. Grey Owl Engineering Ltd. on February 21, 2024. This decision represents the latest pronouncement on the potential application of section 218 of...more

Kilpatrick

New York Attorney General Has Beef With Meat Company's Aspirational Green Advertising Claims

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New York Attorney General Letitia James has filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (“JBS”), subsidiaries of a Brazilian company, the world’s largest beef and poultry producers, for...more

Venable LLP

New York Attorney General Says JBS Net Zero Claims Are Greenwashing

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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

Hogan Lovells

Greenwashing: publication of the directive on empowering consumers for the green transition

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The EU is stepping up its fight against greenwashing and empowers consumers for the green transition with a new Directive on empowering consumers for the green transition through better protection against unfair practices and...more

Venable LLP

California Court Cites FTC Green Guides, Allowing Plaintiff’s Challenge of Colgate Toothpaste Tubes “Recyclable” Claims to Proceed

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Is a product recyclable if it is made of recyclable materials? Or is it recyclable when it can be recycled by waste management facilities? Last month, the United States District Court for the Northern District of California...more

Hogan Lovells

2024: The year of helping the environment – one product at a time

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The legislators, regulators and consumers’ focus on products and their impact on the environment is nothing new. What is new however is the variety of products now being considered as within the scope of laws aimed at...more

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