"Green" Greenwashing: Emerging Developments In Environmental Marketing Claims

Companies should stay aware of old and new greenwashing trends and take practical actions to guard against such claims.

Greenwashing is defined as "the act or practice of making a product, policy, activity, etc. appear to be more environmentally friendly or less environmentally damaging than it really is." In simple terms, "greenwashing" refers to when a positive environmental claim lacks sufficient factual support, such that a "reasonable consumer" could be misled. Greenwashing can occur (or be alleged) at various points along the supply chain—from claims about sourcing practices, to emissions impacts from product transportation, and to the composition of a final product. Some forms of greenwashing allegations, such as those from plaintiff classes and environmental groups, have become commonplace. Two recent sets of allegations are, well, green: utilizing greenwashing claims to obtain competitive and political benefits. Companies should stay aware of old and new