Apart from Green Building Litigation (aka “LEEDigation), the green movement has given rise to a number of other greenwashing lawsuits. Greenwashing, although defined differently by different groups, is basically the act of misleading consumers regarding practices of a company or the environmental benefits of a product or service.
Two examples of recent greenwashing lawsuits include:
1) Paduano v. American Honda Motor Co., Inc., 169 Cal. App.4th 1453 (Cal. App. 4th Dist. 2009)
In Padunano, the owner of a 2004 Honda Civic Hybrid sued Honda claiming false advertising because his car did not achieve the gas mileage as advertised. The car was advertised as achieving an EPA-estimated 48mpg, but actually ran between 23-30mpg.
2) Koh v. SC Johnson & Son, Inc., Case No. 09-00927 (N.D. Cal. 2009)
In Koh, a consumer filed a class-action against SC Johnson claiming that it is misleading consumers about the environmental safety and soundness of Windex (and other household cleaners). Specifically, the plaintiff claims that SC Johnson’s “Greenlist” label, which according to SC Johnson’s website is a “process to classify ingredients considered for use in [their] products by their impact on the environment and human health,” is misleading consumers.
WHAT YOU CAN DO:
It’s no surprise that claims like these have increased over the past year, a recent TerraChoice marketing study has indicated that the number of “green” products has increased by 79 percent since 2007 and the rate of “green” advertising has almost tripled since 2006.
If you are a company that is considering green marketing there are a few things you can do to protect yourself from getting hit with a greenwashing lawsuit:
- Make sure your claims/advertisements are truthful. Double check your facts!
- Offer validation by an independent and reputable third party that is accessible to the public.
- Be specific about the “greenness” of your product, stay away from vague words such as “all-natural” (just because its natural doesn’t mean it isn’t dangerous).
- Make sure the claim is relevant to the product it accompanies.
Of course, following these guidelines will not guarantee you’ll be protected from greenwashing suits, but they certainly will help.
Ohio Green Building Law 