Recent Greenwashing Litigation Focuses on Consumer Products

Over the past couple of weeks, there have been a pair of greenwashing lawsuits filed--by both private plaintiffs and government regulators--that highlight the current focus on consumer products as a centerpiece of greenwashing litigation.  Specifically, a private plaintiff brought a consumer-protection lawsuit against Tyson Foods alleging misrepresentations concerning the marketing of “climate-smart” beef, and the SEC filed an enforcement action against the manufacturer of coffee machines concerning statements about the recyclability of coffee pods.  Both actions focused on allegedly misleading advertising concerning environmental issues and the potential impact of said advertising on consumers. 

To be clear, this focus on consumer products in greenwashing litigation is not a new development.  Greenwashing has been a typical focus in ESG litigation, and consumer products have often featured in such litigation--for the altogether unsurprising reason that consumer-focused goods feature advertising directed at consumers that can allegedly contain misrepresentations concerning the environment.  Nonetheless, these recent lawsuits demonstrate the continuing focus on consumer products in greenwashing litigation, and suggest that further lawsuits or enforcement actions may be filed against similarly-situated companies.