A new greenwashing case has been brought by the Environmental Working Group in the District of Columbia against agricultural giant Tyson Foods. The case alleges that, despite the company’s claims of being “net-zero by 2050” and producing “climate-smart” beef, Tyson has no tangible plan to reach net-zero or reduce its emissions. The lawsuit argues that Tyson’s net-zero messaging is at odds with the company’s plans to scale up production to meet future demand, stating that:
“Reducing emissions on the enormous scale of Tyson’s supply chain cannot be done with current technology without dramatically reducing herd sizes, which Tyson is neither planning nor willing to do. Tyson thus has no serious intention of doing the things that could actually reduce its emissions—let alone achieve net zero. And Tyson fails to qualify its net-zero emissions statements, omitting the fact that it is simply impossible with current technology and available offsets to sufficiently eliminate the enormous scope of its emissions. This renders Tyson’s net-zero claims false or misleading, and unlawful under the CPPA.”
This case is somewhat similar to ongoing global litigation against major airlines, another hard-to-abate industry that is struggling to use sustainability claims to alter its public perception. While Tyson does have near-term targets set under the Science Based Targets Initiative (SBTi) the company does not have a long-term or net-zero target approved under the framework. The Plaintiffs argue that given the current state of technology and agricultural practices, there is no possible way for Tyson to meaningfully reduce its emissions in line with its marketing and claims. This is another case that reminds us that it is important to keep sustainability marketing within the scope of what a company is doing or has done, rather than what a company hopes to do. We are past the point where climate commitments are sufficient – regulators, NGOs, and customers are now checking to see if companies if have concrete plans to back their claims – and whether those plans are consistent with overall business plans.
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