Keeping Your Green Claims Clean: Mastering Substantiation of Environmental/ESG Claims at a Time of Heightened Scrutiny and Evolving Regulation

February 8, 2024 11:00am

Jennifer Fried
Partner, Advertising Practice Lead
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Mark Smith
Founder & CEO
Purdy Smith

Debora Welch
Assistant General Counsel
Henkel Corporation

Substantiating “green” claims can be extremely technical, and the practice of selling sustainability is receiving increased scrutiny from the regulators, enforcers and the plaintiffs’ bar alike. Points of discussion by this panel will include:

  • Analyzing the recent proposed updates to the FTC’s Green Guides and how they may affect marketers’ future ability to make green claims
  • Strategies for touting environmental benefits while mitigating the latest regulatory and litigation risks
  • Understanding what is needed to back up claims of products being recyclable, biodegradable, carbon neutral/a carbon offset, and beyond
    • What types of testing is needed? Where should the data come from?
  • Emerging risks of making “aspirational” green claims: what proofs must you have in order to claim that you will achieve an environmental goal at a specific point in the future?
  • Examining takeaways from this year’s most significant “greenwashing” lawsuits
  • Assessing the newly proposed “EU Green Claims Directive” – what will be the implications of this on companies with an international presence?
  • Understanding how to substantiate the “S” in ESG
    • Substantiating claims surrounding social obligations companies have today