Greenwashing in marketing is a deceptive practice that various companies may be engaged in. It happens when they make an unsubstantiated or misleading claim to deceive consumers about the environmental impact of their products, services, or operations.
In other words, the company tries to present the idea that their products have a greater positive environmental impact or are more environmentally friendly than they really are.
There are many different ways that companies can engage in greenwashing, such as:
- Making an unsubstantiated claim: This can be a claim about the environmental impact of the company that is not backed by any evidence.
- Emphasizing only a single attribute of a product, service, or operation: One environmental benefit may be highlighted without context or overall impact of the product.
- Using a misleading label: A label such as “eco-friendly” or “green” may be used, even though it does not have a clear definition.
- Promotion of minimum requirements: A product that meets the minimum regulatory requirements may be promoted as though it is significantly better than the minimum standard.
- Vague language: A company may intentionally use vague language about materials or operations.
- Hidden tradeoffs: Tradeoffs between environmental impacts and other factors may be hidden.
- Use of environmental imagery: Environmental imagery may be used to create the false impression that the company is environmentally conscious.
Companies can engage in greenwashing intentionally or unintentionally. This may make it hard for consumers to make informed decisions. It may also impact the trust consumers have in sustainable brands.
It is important to hold companies that are engaging in greenwashing accountable for their actions, as they can have negative effects on both consumers and the environment.
What Are Some Examples of Greenwashing?
There are numerous examples of companies engaging in greenwashing across the decades, including:
- Soda Packaging: Soda companies have marketed plastic bottles as more environmentally friendly than they really are as single-use items.
- Vehicle Emissions: Car companies have claimed their vehicles had low emissions during testing but really used software to cheat the emissions tests.
- Restaurants: Fast-food companies used paper straws that turned out not to be recyclable.
- Plastics: Some plastics manufacturers promoted their products as sustainable, even though they still produced large amounts of single-use plastics.
- Coffee Cups: A coffee cup company advertised its k-cups as recyclable even though the majority of recycling companies could not process the material for recycling.
- Coffee Beverages: One coffee company introduced a new strawless lid, claiming it would reduce their environmental impact. In reality, it actually contained more plastic than the previous lid and straw combination.
- Department Stores: One retailer had a recent issue with the FTC after marketing textile items as being made from bamboo and produced with eco-friendly processes. However, it was found the items were actually made of rayon, which requires using toxic chemicals to produce.
What Are the Legal Grounds for Filing a Greenwashing Lawsuit?
A greenwashing lawsuit is commonly filed under advertising laws, securities laws and consumer protection laws. Greenwashing legal actions may include claims of:
A greenwashing lawsuit is commonly filed by consumers who believe a company misled them about its environmental practices. These types of lawsuits may be filed in a federal court or in a state court.
There are some states that have strong consumer protection laws, which makes them popular for filing a greenwashing lawsuit. In addition, the Federal Trade Commission (FTC) prohibits deceptive or unfair practices in commerce. The FTC also provides Green Guides that companies can follow to avoid making a misleading environmental statement.
It can be challenging to pursue a greenwashing lawsuit because it may be difficult to find evidence that the company is engaging in greenwashing. The defense may be able to present arguments, such as the lack of evidence that the plaintiff purchased the misrepresented products or that the company’s misstatement was an exaggeration or is subjective. Working with a lawyer is essential for success in such cases.
It is common for greenwashing lawsuits to be filed as class action lawsuits. These lawsuits often argue that companies making claims such as “sustainably sourced” or “environmentally responsible” causes consumers to pay higher prices for products that are not necessarily “greener.”
What Steps Should Be Taken before Filing a Greenwashing Lawsuit?
If an individual is considering filing a greenwashing lawsuit, there are some steps they should take to prepare that can help ensure the success of their claim, including:
- Research the company’s environmental claims
- Review marketing materials
- Review sustainability reports
- See if there are independent certifications
- Look for inconsistencies between the company’s claims and their actual practices
- Gather evidence, including:
- advertisements
- product packaging that has environmental claims
- supply chain and sourcing information
- third-party reports or audits
- Consult with a consumer lawyer to:
- determine if you have standing to sue
- identify possible claims and remedies
Filing a Greenwashing Lawsuit: A Step-by-Step Guide
The most important first step an individual can take when filing a greenwashing lawsuit is to consult with a consumer lawyer to ensure the claim is handled properly and efficiently.
The steps required for filing this type of lawsuit will include:
- Identifying the right court or jurisdiction
- Filing a formal complaint
- Gathering and presenting evidence
- Seeking damages or corrective action
As noted above, a greenwashing claim may be filed in a state court or a federal court. A lawyer will be able to determine the best court to file the claim in for the best chance at success based on the individual’s location.
A lawsuit begins with a formal complaint filed in the proper court. This is a document that outlines the claims the plaintiff is making, provides the basis for their complaint, and outlines the remedies they will be seeking from the court.
Once a plaintiff files a complaint, it must be served on the defendant. This is done to notify the defendant that they are being sued.
In order to proceed from this point, a summons and complaint have to be served on the defendant. This is typically done using a process server who delivers the documents to the named defendant or defendants.
A plaintiff will need to gather and present evidence that supports the claims made in their complaint in court. This may be done at a hearing as well as during the trial phase of the lawsuit.
The complaint will also outline the damages or corrective action that the plaintiff seeks. This may include things such as the defendant paying a fine, the defendant compensating the plaintiff for their losses, and requiring the defendant to stop engaging in the misleading greenwashing conduct.
Do I Need a Lawyer for Help With a Greenwashing Claim?
If you have any questions about how to sue for greenwashing, it is important to consult with a local consumer lawyer. It is important for all consumers to take action against deceptive environmental claims. Such claims can have an effect on consumer’s spending as well as the environment, if the product or services are not being handled as advertised.
If you believe you have fallen victim to a company’s greenwashing practices, it is crucial that you take action to stop the company’s conduct. LegalMatch offers a no-cost lawyer matching service where you can find a consumer lawyer in your area who can address your greenwashing questions and concerns.
If you are a business facing claims or punishments involving greenwashing allegations, a qualified attorney can assist you with your case as well.
It only takes a few minutes to submit your greenwashing question on the LegalMatch website. Within about 24 hours, you will get responses from member attorneys near you who can assist you with your greenwashing question or concern.
