Sustainability: 100 Percent Ethical Sourcing? Zero Emissions? Recyclable? Class Action Plaintiffs Beg To Differ

Expect the recent surge in class actions challenging sustainability claims made by consumer goods companies to continue in the year ahead, says Crowell & Moring partner Jason Stiehl, who is a member of the firm's Litigation and Advertising and Brand Protection groups.

Several of the country's biggest brands were hit in 2024 with lawsuits asserting they misled consumers about their products' social and environmental impacts.

Fashion brands in particular have been targeted by "greenwashing" suits claiming their efforts to reduce carbon emissions, use more environmentally friendly materials, or even launch recycling programs for their products fell well short of what they promised in marketing campaigns. Especially with the advent of mandatory climate disclosure rules in the EU, the UK, and, most recently, in the U.S., those types of claims are increasingly vulnerable to public scrutiny, says Stiehl.