News & Analysis as of

Green Guides

The Green Guides are set of marketing guidelines issued by the United States Federal Trade Commission to prevent businesses from making misleading environmental claims in marketing and/or advertising and to... more +
The Green Guides are set of marketing guidelines issued by the United States Federal Trade Commission to prevent businesses from making misleading environmental claims in marketing and/or advertising and to provide businesses with proper standards for making such claims.    less -
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

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - September 2024

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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

Proskauer - Advertising Law

Eco-Friendly Claims Under Fire: The Legal Risks of Greenwashing for Businesses

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In today’s market, eco-friendly claims can serve as a tool for companies looking to attract environmentally conscious consumers.  However, this surge in green marketing has also caught the attention of the plaintiffs’ bar,...more

ArentFox Schiff

Let’s Just Be Friends: When “-Friendly” is More Than Mere Puffery

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“Kid-friendly.” “Reef-friendly.” “Earth-friendly.” “Pet-friendly.” There’s no shortage of products that are marketed as being “-friendly.” There’s also no shortage of litigation that accuses products of not being as...more

Kelley Drye & Warren LLP

Biden Administration Weighs In On the Need For and Appropriate Use of Carbon Credits

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The Biden Administration published a joint policy statement and set of principles for participating in the voluntary carbon markets (“VCMs”) on Tuesday. The set of principles recognize the role that carbon credits have...more

K&L Gates LLP

Litigation Minute: The Lifecycle of Beauty Packaging (Beauty and Wellness Series: Part Three of Three)

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What You Need To Know In A Minute Or Less - For both consumers and producers, the recent seismic shifts in packaging—from materials to circularity advertising—have been hard to miss. The past few years have introduced several...more

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

Morgan Lewis

ESG and Group Action Developments: What You Need to Know

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This Insight discusses the growth and development of class and collective actions and considers future trends in the United States, the European Union, and the United Kingdom....more

Jones Day

Class Action "Greenwashing" Bottled Water Lawsuit Survives Motion to Dismiss in New York Federal Court

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On January 10, 2024, a class action lawsuit survived a motion to dismiss a complaint alleging injury due to misleading "carbon neutrality" branding on bottled water. Dorris v. Danone Waters of America, Case No. 22 Civ. 8717...more

Foley & Lardner LLP

My Healthy Food Product is Ready to Go to Market – What About its Packaging?

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After formulating an exciting new healthy food or beverage, the packaging it comes in may feel like an afterthought.  It should not be.   Food packaging has become an increasingly hot topic among federal and state regulators,...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 5

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Huggies Diaper Evidence Not a Good "Fit" for #1 Claim, NAD Says - Huggies claimed its diapers were the #1 Best Fitting, a broad claim requiring broad evidence against the market—evidence that the National Advertising...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

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

Manatt, Phelps & Phillips, LLP

FTC Regulation Tracker—December 2023

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The Federal Trade Commission (FTC or the Commission) had a busy December. While many of us were winding down for the holidays, the FTC finalized a new rule, requested comments on a new proposed rule and extended the comment...more

Davis Wright Tremaine LLP

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

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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

Snell & Wilmer

Navigating the FTC Green Guides and Renewable Energy Claims

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In response to state decarbonization mandates that require reduced use of fossil fuels, various U.S. jurisdictions, including California and Massachusetts, have set ambitious net zero greenhouse emissions goals. This shift...more

ArentFox Schiff

Top 10 ESG Developments for 2023

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2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state...more

Vinson & Elkins LLP

California’s Combatting of Greenwashing in the Voluntary Carbon Market - UPDATED December 2023

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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

Venable LLP

[Webinar] Going Green? An Update on the Legal and Regulatory Environment Surrounding Environmental Advertising Claims - December...

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Environmental advertising claims remain a hot area of regulator action, with the Federal Trade Commission in the process of updating the FTC Green Guides. State legislatures like California’s also remain active in the area,...more

Paul Hastings LLP

New California Law Imposes Anti-Greenwashing Disclosure Requirements Starting January 2024

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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

Vinson & Elkins LLP

California’s Combatting of Greenwashing in the Voluntary Carbon Market

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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

Morrison & Foerster LLP

California Enacts AB 1305 to Strengthen the Voluntary Carbon Market and Continues to Lead on Climate Regulation

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On October 7, 2023, California took a significant step toward promoting transparency and integrity of voluntary carbon markets (VCMs) and climate-related claims by enacting Assembly Bill 1305: the Voluntary Carbon Market...more

Morrison & Foerster LLP

ESG Claim to Fame: Addressing Fund Names and Safeguarding Investor Expectations Under the SEC's Amended Names Rule

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Regulators across the globe continue to focus on disclosures and marketing relating to environmental, social, and governance (ESG) issues. Consistent with this trend, on September 20, 2023, the U.S. Securities and Exchange...more

ArentFox Schiff

Environmental Justice Update: EPA Publishes Cumulative Risk Assessment Comments

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While increased enforcement resulting from increased federal focus on environmental justice (EJ) issues poses risk to many businesses, how (and perhaps whether) the US Environmental Protection Agency (EPA) assesses and...more

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