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 -
Morgan Lewis

Key Takeaways: Advertising and Marketing in the Automotive Industry

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As advertising and marketing strategies in the automotive sector continue to evolve in response to advancing technology and changing consumer expectations, advertisers are encountering new questions—accompanied by...more

Venable LLP

Compliance Countdown for California’s “Truth in Recycling” Law Begins

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On April 4, the California Department of Resources Recycling and Recovery (CalRecycle) published its final material characterization study report, starting the clock for compliance with Senate Bill No. 343 (SB 343), also...more

BakerHostetler

Consumer Brands Association CPG Legal Forum 2025

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Recently Amy Mudge and I, along with Bethany Lukitsch and Julie Singer Brady, the co-leads of our class action group, attended and spoke at the Consumer Brand CPG Legal Forum....more

Kilpatrick

Beef Between Meat Stick Manufacturers Leads to Withdrawn Environmental Benefit Claims, Substantiated Sourcing Claims

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The National Advertising Division (“NAD”) resolved a beef between makers of competing meat stick products, Link Snacks Inc. and We Are The Chompions, LLC (“Chomps”). Link Snacks challenged Chomps’ non-specific carbon neutral...more

Kelley Drye & Warren LLP

What’s Next for the Green Guides? Insights from Commissioner Holyoak’s Remarks at CPG

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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

Pleading an Injury in Consumer Class Actions: Is It Enough to Just Say So?

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In recent years, businesses have faced an onslaught of consumer class actions challenging sustainability initiatives, environmental commitments, and ethical sourcing language. In our view, these lawsuits frequently rely on...more

Venable LLP

Lawsuit Alleging Greenwashing Filed against Procter & Gamble for Charmin Toilet Paper

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Last month, a putative class action was filed against Procter & Gamble challenging various green advertising claims for its Charmin toilet paper. The complaint brought a variety of state law claims targeting P&G’s...more

DLA Piper

California’s Recycling Claims Restrictions Approach, but Some Compliance Obligations are Already in Effect

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The California Department of Resources Recycling and Recovery (CalRecycle) has issued its Revised Preliminary Findings Report on the recyclability of various materials under the state’s “Truth in Recycling” law, also known as...more

Katten Muchin Rosenman LLP

What Will the New FTC Do With the Green Guides?

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The incoming administration will change the Federal Trade Commission leadership. Chair Lina Khan, whose term has expired, is leaving, making way for a new majority of three Republican Commissioners. Andrew Ferguson will...more

Morgan Lewis

Court Reverses Prior Decision Finding ‘Carbon-Neutral’ Claim May Be Misleading

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A US federal district court, upon a motion to reconsider, granted the defendant’s motion to dismiss class action claims concerning its use of the term “carbon neutral.” This decision represents a victory for consumer goods...more

Katten Muchin Rosenman LLP

What the Evian "Carbon-Neutral" Ruling Means for Advertisers

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In a notable ESG ruling, U.S. District Judge Nelson Roman dismissed a class action lawsuit against Danone Waters of America that had alleged the company deceptively labeled its Evian bottled water as "carbon-neutral." This...more

Kelley Drye & Warren LLP

SDNY Reverses its Position on ​“Carbon Neutral” Lawsuit

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In January, we reported that a judge in the Southern District of New York refused to dismiss a class action alleging that ​“carbon neutral” claims on bottles of Evian water were misleading. The judge determined that the term...more

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

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