A Pinch of Salt: The Legal Impact of Green, Humane, and "Climate Friendly" Product Advertising

Consumers are more conscious than ever about environmental and animal welfare concerns. Manufacturers have taken note of these trends and are bombarding consumers with messages about "sustainable," "humane," and "green" products. Not all of these marketing terms can be backed up by the manufacturers and their sourcing/processes.

This program considers what litigators can do to protect consumers from these sorts of false claims.

We will explore the legal impact of common green, humane, and climate-friendly language utilized by companies, in a course targeted both to lawyers who prosecute these claims and to lawyers who want to protect their manufacturing clients from liability. We will discuss:

• What exactly is green, humane, and climate-washing? 

• What is the reasonable-consumer standard and who is the reasonable consumer?

• What types of legal claims are implicated in suits directed at false or misleading advertising? 

• What are the courts saying?

• What alternatives to litigation exist?

Learning Objectives:

1. Identify misleading advertising

2. Discuss consumer trends and the legal implications of such trends

3. Track the direction courts are moving as these claims evolve

4. Discuss the claims at issue and litigation alternatives

5. Gain insight into a nuanced area of consumer protection law