News & Analysis as of

Greenwashing

DLA Piper

Horizon - ESG Regulatory News and Trends - February 2025

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US formally submits notification of withdrawal from Paris Agreement. On January 27, 2025, Dorothy Camille Shea, the US acting ambassador to the United Nations, submitted a notification of withdrawal from the Paris Agreement...more

A&O Shearman

UK FCA delays extending SDR regime to portfolio managers

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The UK Financial Conduct Authority (FCA) has updated its webpage on extending the sustainability disclosure requirements (SDR) and labelling regime to portfolio managers, confirming that it no longer intends to publish a...more

Morrison & Foerster LLP

NYAG Enforcement Outlook – What to Expect in 2025

The New York Attorney General (NYAG) is expected to increase enforcement actions in 2025, especially with the enactment of several new laws designed to strengthen consumer protection and employment. At the federal level, the...more

Mintz

Greenwashing Lawsuit Against Lululemon Dismissed by Federal Court

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On February 18, 2025, Judge Bloom (S.D. Fla.) dismissed a lawsuit against Lululemon, the athleisure company, that centered upon allegations of greenwashing. Specifically, the plaintiffs here had contended “that Lululemon...more

Proskauer Rose LLP

Q&A: What does 2025 have in store for sustainability in European infrastructure funds?

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Within the investment industry, sustainability is an area that has evolved significantly over the past few years. For infrastructure funds, the regulatory environment and regional differences have created a complex landscape...more

Cozen O'Connor

Minnesota’s Win Turns Up the Heat in Climate Change Litigation

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Minnesota AG Keith Ellison has obtained an order denying in large part motions to dismiss filed by defendants ExxonMobil Corp., the American Petroleum Institute, Koch Industries, Inc., Flint Hills Resources LP, and Flint...more

Mintz - Energy & Sustainability Viewpoints

A Quantitative Analysis of Comment Letters Issued by the SEC Concerning Climate Change Disclosures: Further Developments

In June 2023, Mintz published an article entitled “A Quantitative Analysis of Comment Letters Issued by the SEC Concerning Climate Change Disclosures” (the June 2023 Article), which analyzed the comment letters related to...more

Morgan Lewis

PFAS and Microplastics Litigation: The Latest Front of ESG Lawsuits

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A growing awareness of perfluoroalkyl and polyfluoroalkyl substances (PFAS) and the pervasiveness of microplastics have led to an uptick in litigation by private plaintiffs, nongovernmental organizations, and state attorneys...more

Davies Ward Phillips & Vineberg LLP

The Canadian Competition Bureau’s Draft Guidance for Going Green

In June 2024, amendments to the Canadian Competition Act (Act) garnered significant attention (and criticism) from both business and legal communities in Canada for the introduction of new “greenwashing” provisions. The new...more

Kelley Drye & Warren LLP

NY Court Stalls JBS Greenwashing Suit

In 2023, NAD reviewed claims that JBS had made about its goal ​“to be net zero by 2040.” NAD determined that although the company had taken steps to reach the goal, those steps weren’t enough to support the claim. In 2024,...more

J.S. Held

Greenhushing: What It Is & Why It Matters

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A recent global survey of 1,400 sustainability executives showed that 58% of companies are engaging in “greenhushing” or intentionally decreasing their sustainability communications due to fear of facing government or public...more

Proskauer - Regulatory & Compliance

One week to go until HM Treasury’s UK Green Taxonomy Consultation closes

HM Treasury published the UK Green Taxonomy Consultation (the ‘‘Consultation’’) on 14 November 2024, and there is one week to go until the consultation window closes on 6 February 2025. The Consultation seeks views on the...more

Kelley Drye & Warren LLP

P&G Accused of Greenwashing and Creating ​“Frankenforests”

Earlier this month, a group of eight consumers filed a class action against Procter & Gamble (“P&G”), alleging that the company is engaging in greenwashing by misleading consumers into thinking that its Charmin toilet paper...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

Venable LLP

New York Court Dismisses Suit Against JBS but Allows Attorney General to File Amended Complaint

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Environmental claims are a powerful tool for companies to demonstrate their commitment to sustainability and connect with values-driven consumers. However, these claims are facing increased legal scrutiny, as governments and...more

Paul Hastings LLP

AFME EU and UK Approaches to Greenwashing Enforcement in the Financial Market: A Comparison

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The briefing contains a mapping exercise and analysis of the approach taken by the European Supervisory Authorities and the U.K.’s Financial Conduct Authority to address risks or concerns relating to such greenwashing. The...more

Goodwin

ESG Fund Names: New Regulatory Guidance and Fast-Track Procedure to Ensure Compliance by 21 May 2025

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On 21 October 2024, the Commission de Surveillance du Secteur Financier (CSSF) implemented the European Securities and Markets Authority (ESMA) Guidelines regarding environmental, social, and governance (ESG) fund naming as...more

DLA Piper

Horizon ESG Regulatory News and Trends - January 2025

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US exits Paris Agreement after submitting Nationally Determined Contributions. In mid-December, the Biden Administration announced it submitted the US target under the Paris Agreement: cutting net carbon emissions by 61 to 66...more

Davies Ward Phillips & Vineberg LLP

Governance Insights: 10 Legal Updates GCs, Boards and Investors Need to Know

The latest edition of Davies’ Governance Insights is now available. In this issue, we review 10 developments that general counsel and directors of Canadian public companies, and their investors, should know for 2025 and...more

Dechert LLP

UPDATE: Changes to the AMF ESG Doctrine to reflect compliance with the ESMA Guidelines on Funds’ Names Using ESG or...

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In our OnPoints dated 20 May and 7 August 2020, we explained the requirements that the French regulator (Autorité des Marchés Financiers (“AMF”)) has imposed on asset managers through the publication of...more

A&O Shearman

Australia’s regulatory crackdown targets bribery, money laundering and cybercrime

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New bribery offenses in Australia now make it easier for authorities to prosecute organizations and require companies to exercise greater oversight and controls. Australia’s regulators remain active in greenwashing and other...more

J.S. Held

2025 J.S. Held Global Risk Report: Sustainability Investments & Headwinds

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Sustainability continues to be a hot issue around the world. While many jurisdictions are creating additional frameworks in support of greater consideration of sustainability, others, most notably the US, are either dragging...more

Pillsbury Winthrop Shaw Pittman LLP

Loan Market Association Publishes Green Loan Terms, Smoothing Path for Green Finance in 2025

The green term sheet accompanies the provisions for green loans previously published at the end of 2024. Environmental, Social and Governance (ESG) principles continue to be a focus for the financial markets. Notably, the...more

K&L Gates LLP

Litigation Minute: A Look Back and Ahead

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What You Need to Know in a Minute or Less - Throughout 2024, we published three series highlighting emerging and evolving trends in litigation. From generative AI to ESG litigation, our lawyers continue to provide concise,...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

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