News & Analysis as of

Greenwashing

DLA Piper

Horizon - ESG Regulatory News and Trends, March 2025

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SEC withdraws defense of US climate disclosure rules; Uyeda speaks on ESG and materiality. On March 27, 2025, the Securities and Exchange Commission (SEC) notified the US Court of Appeals for the Eighth Circuit that the SEC...more

Alston & Bird

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new...more

Jones Day

The Climate Report | First Quarter 2025

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New Carbon Removal Certification Framework in Europe - A voluntary certification framework adopted by the EU aims to enhance the credibility and transparency of carbon removal activities within the EU to support its...more

K&L Gates LLP

February 2025 ESG Policy Update—Australia

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Australian Update - ASIC's Key Issues Outlook for 2025 - On 24 January 2025, the Australian Securities and Investments Commission (ASIC) released its key issues outlook for 2025 which provides insights for Australian...more

Clark Hill PLC

Clark Hill 2025 Commercial Real Estate Outlook: ESG & Sustainability

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In 2025, the commercial real estate (CRE) industry will continue to navigate a new landscape influenced by ever-evolving ESG (Environmental, Social, and Governance) and sustainability trends. In particular, with regulatory...more

Kelley Drye & Warren LLP

Amazon Hit With Greenwashing Lawsuit

Last week, consumers in four states filed a proposed class action against Amazon, accusing the company of greenwashing by misleading consumers about the sustainability of the company’s Amazon Basics line of paper products....more

Jones Day

New York Courts Shut Down Consumer Protection Claims Regarding Greenwashing

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The amount of climate-related litigation has tripled in the past decade and includes greenwashing claims against some of the largest fossil fuel companies in the world. New York state and its localities have brought some of...more

Jones Day

Major UK Bank Penalized by the ASA for Greenwashing

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On December 18, 2024, the Advertising Standards Authority ("ASA"), the UK's regulator of advertising, issued a ruling against Lloyds Bank plc ("Lloyds") following a complaint by Adfree Cities, a network challenging corporate...more

A&O Shearman

Antitrust regulators diverge on treatment of sustainability

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In 2024, regulators across the globe increasingly acknowledged the need for a nuanced enforcement approach to balancing support for sustainability initiatives against traditional antitrust enforcement and countering the risk...more

Hinshaw & Culbertson - Insights for Insurers

Part Two: Sustainability Recalibration: What Insurers and Policyholders Should Know About ESG Under Trump 2.0

Environmental, social, and governance (ESG) criteria or standards or sustainability issues have impacted all sectors of society, including corporate and professional policyholders and their risk managers, insurance...more

Foley & Lardner LLP

No Harm, No Foul: Greenwashing Lawsuit Dismissed for Lack of Article III Standing

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It is well-settled that under Article III of the Constitution, United States federal courts are limited to trying “cases and controversies.” Moreover, a case or controversy exists only if a plaintiff has standing to file the...more

K&L Gates LLP

Retail Competition and Fair Trading, Cost of Living Measures, Unfair Contract Terms, Mergers: ACCC Releases Its 2025-26 Compliance...

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In Brief - Australian Competition and Consumer Commission (ACCC) Chair Gina Cass-Gottlieb has just announced the ACCC’s Compliance and Enforcement priorities for 2025-2026....more

Venable LLP

[Event] 11th Advertising Law Symposium - March 20th, Washington, DC

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Venable's AdLaw Symposium is back! Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence....more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — March 2025

The Trump administration’s SEC has begun the process of undoing the mandatory climate disclosure rule promulgated by the SEC under the Biden administration. Specifically, the SEC has now asked the Eighth Circuit — where the...more

Kelley Drye & Warren LLP

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

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

ArentFox Schiff

Going Green? Lessons From Lululemon’s Defense of a ‘Greenwashing’ Class Action

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For the last several years, consumer class actions targeting “greenwashing” have become increasingly common. In 2024, Lululemon Athletica Inc. and Lululemon USA Inc. were on the receiving end of such a lawsuit, but they...more

Shipman & Goodwin LLP

A Legal Look at 2025 and Beyond for Food and Beverage

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The food and beverage industry is in the midst of a dynamic and challenging time, marked by more regulatory scrutiny, evolving consumer awareness, and unrelenting litigation. Three key trends could potentially drive...more

Davies Ward Phillips & Vineberg LLP

Consultation on Proposed Guidelines on Environmental Claims and the Competition Act

While ensuring accurate environmental claims is a laudable goal, unclear standards risk deterring businesses from informing the public of their efforts to achieve environmental goals. Ultimately, if businesses are deterred...more

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

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