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Unfair or Deceptive Trade Practices Greenwashing

Jones Day

D.C. Appellate Court Revives Case Against Coca-Cola, Placing "Sustainability" Claims Under Scrutiny

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In reversing a lower court ruling, the D.C. Court of Appeals makes actionable vague, aspirational statements of sustainability as deceptive and misleading representations under the D.C. Consumer Protection Procedures Act...more

Stikeman Elliott LLP

In the Green Zone: Navigating the Competition Act’s New Greenwashing Provisions

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The new prohibition against greenwashing under the Competition Act took effect on June 20, 2024, while private actions for deceptive marketing practices will take effect next year. This prohibition merely codifies existing...more

Alston & Bird

Class Action & MDL Roundup 2024 Q1 – Reaching Across the Pond

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more

Jones Day

Recent Evolution of the European Regulatory Framework on Greenwashing

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Aiming to enable consumers to make informed purchasing decisions and thus "contribute to more sustainable consumption patterns," the European Union adopted, on February 28, 2024, the Unfair Commercial Practices Directive to...more

Stikeman Elliott LLP

Standing Committee Proposes More (Tough) Changes to the Competition Act: Insights on Drip Pricing, Sale Discounts, Greenwashing,...

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Bill C-59 was presented to the House of Commons on May 6 with significant amendments from the Standing Committee on Finance. These changes further strengthen the deceptive marketing provisions of the Competition Act with...more

Troutman Pepper

New York AG Sues Top Beef Producer for Alleged False “Net-Zero” Claims and Deceptive Trade Practices

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New York Attorney General (AG) Letitia James is suing JBS USA Food Company and JBS USA Food Company Holdings under New York’s consumer protection laws for allegedly attempting to boost consumer sales by making sustainability...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - January 2024 - 2

U.K.'s Competition Authority Sees Red on Unilever "Green" Claims, Launches Investigation - Consumer goods giant Unilever seeks to "mak[e] sustainable living commonplace." Now those aspirations are under review as the...more

Davies Ward Phillips & Vineberg LLP

A New Era for Canadian Competition Law: Landmark Proposed Changes to the Competition Act Announced

The government announced significant additional amendments to Canada’s Competition Act in late November 2023, building on those already under consideration by Parliament in Bill C-56 and others enacted in 2022. More...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

Ius Laboris

ESG update: Australia

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In Australia, heightened enforcement activity, proposed regulatory regimes focused on ESG matters and other market developments are influencing the ESG risks and priorities for organisations operating here....more

Holland & Knight LLP

Podcast - Cracking Down on Carbon Markets: CFTC and FTC Exercise Heightened Scrutiny

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This episode of the "Eyes on Washington" podcast series by Holland & Knight's Public Policy & Regulation Group is presented by attorneys Halley Townsend, Andy Kriha and Alex Holtan of the firm's Greenwashing Mitigation Team....more

Holland & Knight LLP

Double Jeopardy for Double Counting? CFTC and FTC Both Scrutinize Fraud in Carbon Markets

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The Federal Trade Commission (FTC) and Commodity Futures Trading Commission (CFTC) have recently and aggressively signaled their intent to ramp up enforcement activity regarding the use of carbon offsets to make environmental...more

Eversheds Sutherland (US) LLP

Dressed to kill: Greenwashing litigation continues to challenge fashion retailers' sustainability claims

Fashion retailers remain a top target of greenwashing lawsuits. Retailers are under scrutiny for their sustainability representations (discussed in our earlier legal alerts here) and are being targeted by class action...more

BakerHostetler

AD-ttorneys@law - June 2023

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Anti-Junk-Fee Bandwagon Is Getting Crowded - Following a presidential call, Congress and the Golden State are looking to tame hidden charges - Return to Mayberry - We mentioned President Biden’s attack on junk...more

Faegre Drinker Biddle & Reath LLP

'Greenwashing' Claims Strike Consumer-Facing Companies: How to Avoid the Increasing Threat of Litigation

Consumers are increasingly conscious of how the products they buy impact the environment. Due to this heightened focus on environmental issues, consumer-facing companies frequently highlight the environmentally friendly...more

Smart & Biggar

A fine line: Green branding or greenwashing?

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Over the past several years, companies across the globe have seen an increasing demand for green and sustainable products and services. This demand has resulted in the rise of “green branding”. Green branding is where a...more

Cadwalader, Wickersham & Taft LLP

European Commission Aims to Tackle Greenwashing in Latest Proposal

On March 22, 2023, the European Commission unveiled a proposal, the Green Claims Directive, (Proposal) aimed at combating greenwashing and misleading environmental claims. By virtue of the Proposal, the EC is attempting to...more

Orrick, Herrington & Sutcliffe LLP

The FTC's Green Guide Updates: What Companies Need to Know

What’s Happening? The U.S. Federal Trade Commission (FTC) has requested comment on whether to retain, modify or rescind the Green Guides, which were originally issued in 1992 and last revised in 2012. Comments are due April...more

Hogan Lovells

Green Claims Directive Proposal - The EU's new approach to combat greenwashing

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Talk of a draft proposal regarding Green Claims (“the Proposal” or “Green Claims Directive Proposal”) has emerged earlier this year. As a part of the EU’s new Circular Economy Action Plan and New Consumer Agenda, the proposal...more

Greenberg Glusker LLP

What is Greenwashing?

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In a recent webinar, "Greenwashing and its Dirty Consequences," I spoke about what greenwashing is, some examples, types of claims, and referencing the Federal Trade Commission's Green Guides for guidance....more

Wilson Sonsini Goodrich & Rosati

Last Call for the FTC’s Green Guides

Comment Period Closes on April 24, 2023 - The Federal Trade Commission (FTC) is in the process of updating its Guides for the Use of Environmental Marketing Claims (Green Guides) to assist marketers in ensuring that their...more

Smart & Biggar

Marketing & advertising tips, traps and trends for 2023

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This article highlights key tips, traps and trends for advertisers for the coming year. Though Canadian law is referenced, the concepts have global relevance.  The term “dark patterns” was first coined over a decade ago but...more

Akin Gump Strauss Hauer & Feld LLP

FTC Publishes Updates to its “Green Guides” for the Use of Environmental Marketing Claims

On December 14, 2022, the Federal Trade Commission (FTC) announced that it is seeking public comment with respect to proposed revisions and updates to the “Green Guides for the Use of Environmental Claims” (“Green Guides”)....more

Cadwalader, Wickersham & Taft LLP

FTC Considering Updates to Environmental “Green Guides”

On December 14, 2022, the Federal Trade Commission (FTC) announced that it is seeking public comment “on potential updates and changes to the Green Guides for the Use of Environmental Marketing Claims” (the Notice). The...more

Eversheds Sutherland (US) LLP

Mitigating risks of greenwashing litigation

​​​​​​​On July 28, 2022, a group of environmental nonprofits filed a lawsuit in Washington D.C. Superior Court against a utility alleging that various marketing statements referring to natural gas as “clean,” “carbon...more

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