2025 shook the sustainability field. We saw rollbacks in regulation, an active anti-ESG movement, and enhanced scrutiny of sustainability’s value. However, one area that didn’t significantly retract was litigation. ESG litigation remained steady, and new trends developed in greenwashing litigation. Rather than focusing solely on specific product details, we saw greenwashing cases challenge companies on their broader sustainability goals. A recent memo from Freshfields discusses the trend:
“Although greenwashing litigation in the US initially targeted statements declaring products or services to be environmentally friendly, consistent with the broader global trend, there are increasing challenges to companies’ and financial institutions’ broader sustainability goals and representations (e.g., net-zero pledges). Recent lawsuits in a range of different sectors including for example the food industry, technology, and retail/consumer goods highlight a focus on the credibility of climate-related marketing statements, particularly those involving carbon neutrality and offsetting.”
We’ve seen this trend in several cases we’ve covered this year. Both the JBS and Tyson greenwashing cases centered around the companies’ net-zero commitments. Additionally, we’ve seen the use of carbon offsets challenged in a case against Apple and renewable energy certificates challenged by anti-ESG attorneys general. This isn’t to say that all greenwashing cases are trending in this direction. We’ve still seen product-level cases emerge, like Arizona’s suit against Hefty. However, there is a definite trend of companies’ sustainability strategies being called into question. Greenwashing compliance remains relevant, moving into 2026, and we can expect similar cases to arise in the new year.
Our members can learn more about greenwashing here.
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