Another greenwashing settlement for a meat producer… Tyson Foods and NGO Environmental Working Group (EWG) settled their litigation. The Tyson case, which we originally wrote about back in September 2024, is very similar to the JBS case. However, the settlements are quite different. A recent memo from Kelley Drye outlines how Tyson’s settlement imposes more restrictions on the company’s marketing practices:
“Tyson’s settlement with EWG, by comparison, establishes a far more restrictive regime: for the next five years, Tyson is prohibited from making net zero or ’climate-smart’ beef claims unless the claims are first reviewed and substantiated by a mutually agreed independent expert. As a result, JBS can continue to articulate its goals with careful wording and annual compliance reviews, whereas Tyson cannot reenter this space without external scientific validation.”
Where JBS is still allowed to talk about its climate goals in an aspirational context, Tyson is completely barred from doing so without external approval. The case highlights the continued risk of greenwashing litigation. While federal agencies may not be enforcing greenwashing rules, NGOs and states are still eager plaintiffs. Tyson’s settlement is not only reputationally damaging but also represents wasted time and effort in a doomed marketing campaign. Companies should be certain that any sustainability claims in their advertising are adequately supported and avoid marketing themselves based on aspirational goals.
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