How DC Consumer Protection Suits May Advance ESG Goals

In an article published by Law360, Christopher Cole, partner and chair of Katten's Advertising, Marketing and Promotions practice group, Johnjerica Hodge, partner and chair of Katten's Corporate and Social Governance and Investigations group, and Intellectual Property associate Katie O'Brien highlight a new approach adopted by parties bringing suits in the District of Columbia to challenge allegedly false corporate claims regarding environmental, social, and governance (ESG) initiatives.

Several recent cases have asserted violations of the DC Consumer Protection Procedures Act (CPPA) based on alleged misrepresentations relating to ESG initiatives, including representations appearing in various media. The article explains that "these lawsuits are premised on the argument that the CPPA may protect consumers from false or misleading representations regarding a company's sustainability practices and aspirations that appear on brand websites and social media accounts,