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ARTICLE · 18 DECEMBER 2024

Consumer Protection Class Actions: The Rise Of The ESG Claim

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Class action plaintiffs are becoming more creative in their search for credible damages claims in relation to consumer products they believe have been manufactured, designed, or sold in a manner inconsistent...

CanadaLitigation, Mediation & Arbitration
Christopher Richter
Christopher Richter
Matthew Angelus
Matthew Angelus
Alicja Puchta
Alicja Puchta
Alina Butt
Alina Butt
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Class action plaintiffs are becoming more creative in their search for credible damages claims in relation to consumer products they believe have been manufactured, designed, or sold in a manner inconsistent with environmental, social, and governance (ESG) obligations or expectations. Recent cases in the U.S. and Canada paint a picture of an emerging and evolving landscape of consumer protection class actions which focus on ESG issues.

Consumer protection class actions in the U.S.

The United States is a hotbed for consumer class actions involving ESG claims. A popular flavour of these cases involves "greenwashing" claims, which use consumer protection prohibitions on false and misleading statements as a vehicle for seeking damages for inflated statements about corporations' sustainability practices.

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