US Environmental Class Actions On The Rise

Two recent proposed US class actions relating to "greenwashing" demonstrate a continuation of the trend of private law claims relating to the environment being brought against companies.

In Maria Guadalupe Ellis, et al. v. Nike USA, Inc., et al., a proposed class action brought in a federal Missouri court, the putative class alleges that Nike "greenwashes" certain of its products through "deceptive labelling". The specific claim is that Nike "falsely and misleadingly markets" certain of its products as "sustainable" by "suggesting and outright stating that their clothing products are sustainable, made from sustainable materials, and environmentally friendly when, in fact, they are not." The putative class claims that Nike's alleged conduct violates a state statute, the Missouri Merchandising Practices Act. The proposed action also asserts common law claims of unjust enrichment, negligent misrepresentation, and fraud. The putative class seeks monetary damages,