Greenwashing Suits Expand While PFAS Product Cases Hit Standing Hurdles

Greenwashing claims continue to expand, with an active plaintiff bar issuing demand letters and filing suits on subjects such as biodegradability, PFAS, heavy metals, and recycling.

Legal claims on biodegradability and recycling are generally premised on the FTC Green Guides or California laws. While the Green Guides have not been updated in more than a decade, California law arguably prohibits any claim of biodegradability and regulates when composting claims may be made. Regarding recyclability claims, California's SB 343, the Truth in Recycling Act, takes effect in 2026 and regulates which products can contain such a claim (including the innocuous "chasing arrows symbol") based on the collection and actual recycling rates of material types in California. CalRecycle has issued a material characterization study that does not provide clear guidance on whether most material types qualify for recycling claims in California, which may also be contributing to