Greenwashing lawsuits are on a meteoric rise. Over the past five years, private and government plaintiffs have filed numerous greenwashing lawsuits to challenge business claims about sustainability achievements and environmental friendliness. These lawsuits have impacted nearly every major industry. But, are greenwashing lawsuits simply the latest litigation fad that will die down as businesses adapt to avoid the claims made in the lawsuits or will they continue to grow in volume in a hostile regulatory environment?

Greenwashing Background. Greenwashing occurs when a business represents that its practices, products, or services are sustainable or environmentally friendly without concrete evidence, firm data, or independent verification substantiating its their representations. Even statements that are aspirational (e.g., using the vague terms “eco-friendly” or “sustainable”) or partly true may be characterized as greenwashing, particularly if the representations are exaggerated to mislead environmentally-conscious consumers.

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