Shahin Rothermel was quoted by Law.com on four lawsuits that Procter & Gamble (P&G) is involved in regarding greenwashing. According to the article, all four of the lawsuits make claims that “P&G’s advertising runs afoul of the Federal Trade Commission's (FTC) Green Guides.”
Even so, Rothermel expects that the outcome of the suits will hinge squarely on which judges are assigned to them. "Did P&G really mean to imply the new trees it plants are as beneficial as the ones cut down?” Rothermel considered. “If a judge says 'yes,' then P&G is looking at very expensive litigation. But if the judge reads P&G’s advertising language word for word, the company stands a strong chance of dismissal.”
Rothermel also noted that the FTC’s approach to greenwashing enforcement may have changed between the current administration and the previous one. “We don’t expect enforcement of Green Guides violations under the current administration,” Rothermel said.
Rothermel recommends that advertisers avoid making vague or broad claims to avoid litigation. "Plaintiffs can argue they interpreted those descriptions in a certain way. Now an advertiser is looking at litigation," she noted. “Vague allegations may proceed, depending on the court. Courts are going to struggle with aspirational goals, like a company pledging to become carbon-neutral by 2040. With less-experienced judges on the bench, it’s tough to predict how courts will rule on a case-by-case basis.”
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