News & Analysis as of

Environmental Social & Governance (ESG) Misleading Statements

K&L Gates LLP

Australia Greenwashing: Half-Yearly Review of ASIC and ACCC Prosecutions – and ACCC Position on Environmental Collaborations

K&L Gates LLP on

In Brief - The Australian Competition and Consumer Commission (ACCC) and Australian Securities and Investments Commission (ASIC) continue to be vigilant and seek significant penalties for alleged "greenwashing" (misleading...more

K&L Gates LLP

Litigation Minute: Plaintiffs Seek to Expand Greenwashing Claims to 'Aspirational' Statements About Businesses (ESG Litigation...

K&L Gates LLP on

What You Need To Know In A Minute Or Less - In a minute or less, here is what you need to know about the expanding state of greenwashing litigation being filed against manufacturers, distributors, and retailers of consumer...more

Baker Botts L.L.P.

CFTC, SEC, and SDNY Break New Ground and File Charges Against Carbon Credit Project Developer and Former Executives for Fraudulent...

Baker Botts L.L.P. on

On October 2, 2024, the Commodities Futures Trading Commission (“CFTC”), the Securities and Exchange Commission (“SEC”), and the United States Attorney’s Office for the Southern District of New York announced parallel...more

Mintz

Recent Greenwashing Litigation Focuses on Consumer Products

Mintz on

Over the past couple of weeks, there have been a pair of greenwashing lawsuits filed--by both private plaintiffs and government regulators--that highlight the current focus on consumer products as a centerpiece of...more

White & Case LLP

Luxury and ESG: Navigating the New EU Legal Landscape in the Fashion and Luxury Goods Industry

White & Case LLP on

Due to the increased importance of sustainability, environmental protection and social factors in recent years, the luxury industry has found itself at a crossroads of tradition and transformation. Once characterized...more

Proskauer - Regulatory & Compliance

The Anti-Greenwashing Rule Comes Into Force: A Legal Lens

On 31 May 2024, a new anti-greenwashing rule is being introduced by the Financial Conduct Authority (the “FCA”) as part of its Sustainability Disclosure Requirements (“SDR”). We cover here the introduction of the FCA’s...more

K&L Gates LLP

Brussels Regulatory Brief: April 2024

K&L Gates LLP on

Antitrust and Competition - European Commission Charges Company with Providing Incorrect, Incomplete, and Misleading Information During a Merger Control Proceeding - On 19 March 2024, the European Commission (Commission) sent...more

Kohrman Jackson & Krantz LLP

The SEC Cracks Down on “AI Washing”

The Securities and Exchange Commission (SEC) has sent clear signals that it will pursue companies for “AI washing” — touting the use of artificial intelligence in ways that are false or misleading. The SEC has imposed fines...more

Mintz

Eighth Circuit Allows Democratic State Attorneys-General to Intervene in Support of the SEC's Climate Disclosure Rule

Mintz on

Earlier this week, the Eighth Circuit issued an order enabling 19 Democratic Attorneys-General--representing the District of Columbia and eighteen states (AZ, CO, CT, DE, HA, IL, MD, MA, MI, MN, NV, NM, NY, OR, RI, VT, WA,...more

K&L Gates LLP

March 2024 ESG Policy Update—Australia

K&L Gates LLP on

Australian Update - Australian Securities and Investments Commission Continues Greenwashing Enforcement Efforts - On 28 February 2024, the Australian Securities and Investments Commission (ASIC) reported that an outsourced...more

Davis Wright Tremaine LLP

A Dream Is a Wish Your Heart Makes: Aspirational Claims in Advertising Can Be Misleading, Too

The end of a year and the beginning of a new one can be a time of reflection and a time for thinking about the future and what it may hold. It is a time for making lists of resolutions, goals, and aspirations...more

Cozen O'Connor

AG Skrmetti Sues BlackRock over ESG Investment Strategies

Cozen O'Connor on

Tennessee AG Jonathan Skrmetti filed a lawsuit against BlackRock, Inc. that accuses the world’s largest asset manager of violating state consumer protection laws by making false and misleading representations to consumers...more

Mayer Brown

New California Anti-Greenwashing Law Goes Live on January 1, 2024 – What you need to know if you make certain “green” claims.

Mayer Brown on

California recently passed the Voluntary Carbon Market Disclosures Act (AB 1305) (VCMDA). The new “anti-greenwashing” law is one of the first laws in the U.S. to not only regulate the voluntary carbon market, but also require...more

Cadwalader, Wickersham & Taft LLP

UK’s Competition Authority Launches Investigation into Green Heating and Insulation Sector

On October 17, 2023, the Competition and Markets Authority (CMA) announced that it had opened an investigation into a distributor of heating and insulation products, following allegations that it had made misleading claims...more

ArentFox Schiff

ESG Litigation Update: Hawaii Supreme Court Allows Petroleum Industry Climate Case to Proceed

ArentFox Schiff on

A recent Supreme Court of the State of Hawaii decision permitted climate-related claims against major petroleum and gas companies to proceed toward trial. The decision in City and County of Honolulu v. Sunoco LP allows...more

Cadwalader, Wickersham & Taft LLP

EU Institutions to Vote on Greenwashing Ban

On September 19, 2023, the European Parliament and European Council agreed on a proposed set of rules to ban misleading advertisements and enhance product information provided to consumers. “Empowering Consumers for the Green...more

K&L Gates LLP

Is 'Freedom-Washing' the New Greenwashing, and What are its Legal Consequences?

K&L Gates LLP on

Companies will often make representations about modern slavery as part of their environmental, social and governance (ESG) measures.  In this article, we consider whether potentially false or misleading claims about modern...more

Oliva Gibbs LLP

ESG Deception or Overreach – Understanding the Landscape of Greenwashing Litigation

Oliva Gibbs LLP on

In addition to the risk of regulatory enforcement actions and penalties, the court system continues to be used as a battleground for climate issues through litigation against oil and gas (“O&G”) companies....more

Dechert LLP

SEC Adopts Amendments to Fund “Names Rule”

Dechert LLP on

On September 20, 2023, the U.S. Securities and Exchange Commission, by a vote of four to one, adopted amendments to the current rule regarding registered fund names, as well as certain forms and disclosure requirements. The...more

Society of Corporate Compliance and Ethics...

Let’s call it what it is

Sometimes I think we need fewer terms to describe the same or similar things. In the environmental, social, and governance (ESG) world, much is made—rightfully so—of greenwashing, which occurs when an organization makes false...more

ArentFox Schiff

ESG Update: Greenwashing Litigation Filed over Airline’s Carbon Neutrality Claims

ArentFox Schiff on

A group of Delta Air Lines’ customers filed a class action suit alleging that the airline’s marketing claims of carbon neutrality are false and misleading. While this may be the first greenwashing case filed against a major...more

Foley & Lardner LLP

Carbon Neutrality Suit Against Delta Airlines Signals the Arrival Time of “Greenwashing” Litigation

Foley & Lardner LLP on

A recent class action filed against Delta Airlines is among the first major consumer cases targeting claims of carbon neutrality. The complaint, filed in Mayanna Berrin v. Delta Airlines Inc., No. 2:23-cv-04150 (C.D. Cal.) on...more

Cadwalader, Wickersham & Taft LLP

Airline Sued Over Claims That it is “First Carbon-Neutral Airline”

On May 30, 2023, a consumer class action lawsuit was filed in the United States District Court for the Northern District of California asserting that the airline falsely claimed that it is the world’s “first carbon-neutral...more

Robinson+Cole Manufacturing Law Blog

Delta Hit With Greenwashing Lawsuit Over Carbon Neutral Claims

Earlier this week, a class action lawsuit was filed against Delta Air Lines alleging that the company is misleading the flying public with its claims of carbon neutrality. The complaint is the latest in the growing trend of...more

Latham & Watkins LLP

Greenwashing: Key Drivers, Risks, Enforcement, and Litigation

Latham & Watkins LLP on

LIDW23 member-hosted event provided insights into current and future trends in the greenwashing space. Latham & Watkins recently hosted a panel discussion during London International Disputes Week on the topic of...more

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