Insight

Enviro Marketing Lessons From NY Greenwashing Ruling

Articles

Partners Alex Bahn, Jon Solorzano, and Senior Associate Reese Poncia examined the implications of a New York appellate court decision affirming the dismissal of New York City’s consumer protection lawsuit against ExxonMobil, Shell and BP over alleged greenwashing. They discussed how the ruling reinforces the importance of context in evaluating environmental marketing claims, finding that advertisements describing gasoline as producing fewer emissions than competing products did not mislead consumers about the products’ underlying environmental impacts.

They also explored key considerations for companies navigating greenwashing risks, including the use of clear comparisons, qualified language and substantiation of claimed environmental benefits. They highlighted the distinction between product-level environmental claims and corporate sustainability messaging, noting that while the court rejected the city’s corporate greenwashing claims under New York City’s consumer protection law, broader consumer protection statutes may still create potential exposure. They concluded with practical guidance for companies on developing accurate, properly qualified environmental claims and ensuring marketing statements remain clear and defensible when viewed in context.


This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.

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