DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
In natural resource damage assessment (NRDA) cases, the discount rate used to convert effects across different time periods to present value equivalents is a critical parameter. This rate directly influences both the scale of...more
Nearly one year after Canada amended the Competition Act to establish standards for assessing environmental claims (see B&D’s Client Alert), Competition Bureau Canada published final guidelines that outline its general...more
In a decision underscoring the complexity and risks of making environmental marketing claims, the National Advertising Division (NAD) issued a decision in a challenge brought by the International Bottled Water Association...more
The International Bottled Water Association (or “IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or “BWIB”), suggesting that boxed water is better for the environment. Yesterday, we looked at...more
Eco-friendly labels, such as “green”, “eco-friendly, and “sustainable,” can be a powerful marketing tools, especially as the demand for environmentally friendly products continues to rise. While these labels are a great way...more
Singapore shows leadership in a diverse APAC market where the race is on to strengthen transparency in environmental claims and combat greenwashing....more
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
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
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
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
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
The Competition Bureau has released proposed guidelines for environmental claims following the recent greenwashing amendments to the Competition Act. The draft guidelines outline the Bureau's interpretation and enforcement...more
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
Breaded fish fillets were the latest target of an ESG class action lawsuit examining sustainable certifications, traceability claims, and broad environmental benefit claims for ConAgra’s fish fillets and similar seafood...more
The EU is stepping up its fight against greenwashing and empowers consumers for the green transition with a new Directive on empowering consumers for the green transition through better protection against unfair practices and...more
The legislators, regulators and consumers’ focus on products and their impact on the environment is nothing new. What is new however is the variety of products now being considered as within the scope of laws aimed at...more
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
For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more
The FTC will likely update Green Guides provisions, impacting corporate decision-making in marketing and throughout the value chain. Latham & Watkins is pleased to present a series of Clients Alerts on environmental,...more
Consumers seem to want to buy products made from sustainable materials or made in sustainable ways. At least, companies seem to think that’s what consumers want, as they continue making claims about how environmentally...more
Abraham Lizama purchased a turquoise sweater from H&M’s “Conscious Choice” collection, a line of clothing “created with a little extra consideration for the planet” which generally include “at least 50% of more sustainable...more
The US Federal Trade Commission (FTC)’s Green Guides focused on “greenwashing” before it was en vogue. Originally issued in 1992 and revised in 1996, 1998, and 2012, the FTC designed the guides to help companies avoid making...more
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
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
Just three months apart, both the US and EU have taken steps to specifically tackle misleading or unsubstantiated “green” claims made by companies to their customers, signaling an increasing focus on greenwashing on both...more