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ARTICLE · 23 FEBRUARY 2024

"Carbon Neutral" Claims: Yet More Grounds For Caution

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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Sustainability claims have long faced scrutiny. Between the FTC's Green Guides, a series of increasingly restrictive California laws, and the ongoing specter of class action lawsuits, "green" claims...

United StatesMedia, Telecoms, IT, Entertainment
Jennifer E. Fried
Jennifer E. Fried
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Sustainability claims have long faced scrutiny. Between the FTC's Green Guides, a series of increasingly restrictive California laws, and the ongoing specter of class action lawsuits, "green" claims court risk from every direction. A recent decision out of the Southern District of New York adds yet another reason for caution—particularly with respect to "carbon neutral" claims.

Key Takeaways

  • Reliance on a third-party certification body may not be sufficient support for "carbon neutral" claims
  • Website explanations of "carbon neutral" claims may not adequately narrow or qualify "carbon neutral" claims on packaging
  • Dictionary or technical definitions, while sometimes probative, are not necessarily dispositive of a claim's meaning

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