Today, more than ever, consumers are seeking out greener products. Whether it's for the health of their family, or the health of their planet, they want goods and services that are genuinely more sustainable.
In the wake of this heightened demand by consumers, green advertising has increased almost tenfold in the last 20 years. Not surprisingly, the green movement has given rise to a number of “Greenwashing” lawsuits by consumers against businesses that choose to advertise green.
Greenwashing, although defined differently by different groups, is essentially the act of misleading consumers regarding the practices of a company or the environmental benefits of a product or service.
A major greenwashing lawsuit is currently being litigated in the Northern District of California. In
Koh v. SC Johnson & Son, Inc., Case No. 09-00927 (N.D. Cal. 2009), a consumer filed a class-action lawsuit against SC Johnson, claiming that the company is misleading consumers about the environmental safety and soundness of Windex (and other household cleaners).
The Plaintiff specifically takes issue with SC Johnson’s use of the “Greenlist” label. According to SC Johnson’s website, the Greenlist is a process by which the company classifies ingredients considered for use in their products by each ingredient’s impact on the environment and human health.
According to the Plaintiff, the problem with the Greenlist label is that it is a creation of SC Johnson and therefore it is not a neutral, third-party ratings system. The Plaintiff claims that SC Johnson can charge a premium by including this fraudulent label and that he would not have purchased the Windex had it not been for the Greenlist.
If your company is considering marketing its products as green, there are a few things you can do to protect yourself from getting unnecessarily caught up in a greenwashing lawsuit:
- Make sure you start with an honest understanding of all the environmental impacts of your products across its entire lifecycle.
- Understand and confirm the scientific case behind each green marketing claim you make.
- Evidence of your claims should always be made readily available, either on the product itself or on your website.
- Don’t use vague terms like eco-friendly, or certified organic, without providing precise explanations of their meanings.
- Seek a neutral, third-party endorsement of your product.
Luper Neidenthal & Logan has three LEED-certified attorneys that can assist you in becoming environmentally friendly.
To discuss this issue, or any litigation-related issue, please contact
Tim Clayton at 614-229-4416.