Key Update:

  • A federal court in New York denied Danone Waters of America’s motion to dismiss a class-action lawsuit accusing it of falsely advertising Evian-branded bottled water as “carbon neutral.”
  • The putative class-action lawsuit claims that the Evian water bottles are not actually carbon neutral due to alleged emission of carbon dioxide during manufacturing.
  • The court found that consumers could be confused by the term “carbon neutral,” noting that understanding Evian’s meaning “expects too much” from consumers.

Continue Reading Judge Rules Water Bottler Must Face Class Action Over “Carbon Neutral” Claims

As part of its assessment of the Guidelines for the Use of Environmental Marketing Claims (Green Guides), the Federal Trade Commission (FTC) will hold a workshop on May 23, 2023, to consider “recyclable” advertising claims and issues related to environmental claims. The workshop is titled “Talking Trash at the FTC: Recyclable Claims and the Green Guides.”Continue Reading FTC To Hold Workshop on “Recyclable” Claims as Part of Continuing Green Guides Review

Another new year begun, so it’s time for retailers to revisit advertising and marketing law compliance strategies to avoid class actions, regulatory enforcement actions, and competitor challenges. We share our picks for the top five U.S. marketing law topics that deserve your attention in 2023.

On January 8, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses selling to California consumers may use short-form Proposition 65 warnings on their products. These proposed regulations, if finalized, may create new compliance obligations and will likely decrease the use of the short-form Proposition 65

Key Takeaways:

  • Marketers should strive to advertise the specific environmental product benefits that are well-supported in order to avoid communicating an overbroad “general environmental benefit” claim that cannot be supported, consistent with the FTC’s Green Guides.
  • Environmental claims and comparative advertising claims are subject to scrutiny by regulators, competitors, and consumers, so consult with legal counsel when developing such claims.

Continue Reading NAD Recommends Modifications to Blueland’s Environmental and Comparative Claims