Do You Strive To Make Aspirational Benefit Claims? Lessons Learned From Recent Decisions

The Bottom Line

• Environmental claims, in general, are risky and may lead to challenges – companies must plan accordingly.
• Promises should not be illusory, and companies that aim to meet environmental goals should have an actionable plan in place.
• Companies should evaluate success toward meeting their goals to ensure claims are not deceptive.

Environmental marketing claims have been a focus of regulatory, self-regulatory, and class action activity. While claims about past or present environmental benefits clearly require sufficient substantiation, companies should not assume that aspirational statements can be made with impunity.

Earth Island Institute, an environmental nonprofit, sued Coca-Cola, claiming that the company deceptively marketed itself as sustainable and environmentally friendly, largely through the use of forward-looking aspirational statements. The Superior Court of the District of Columbia recently granted Coca-Cola's motion to dismiss