Amazon is facing a new class action greenwashing suit filed late last month. The suit alleges that Amazon misled consumers by using a MSC Certified Sustainable Seafood label on various products. The plaintiffs argue that MSC is an unreliable organization and that by selling products certified by MSC, Amazon is perpetuating greenwashing at Whole Foods. The law firm heading the class action sums up their case, stating:
“Hagens Berman has filed a class-action lawsuit alleging greenwashing by Amazon based on the true sustainability and environmental impact of fish products it sells bearing the Marine Stewardship Council (MSC) Certification. According to recent reports, Amazon’s use of this certification misleads consumers. Certified companies or their suppliers’ practices are not truly sustainable and allegedly harm the environment or protected species, according to news and a recent report. MSC has faced scrutiny for being a self-serving organization, and itself admits that greenwashing includes misleading or confusing claims. Amazon claims to recognize the importance of valid environmental claims or certifications on products sold on its website and yet allows what could be consumer-facing misinformation.”
This isn’t the first time we’ve seen certification schemes challenged in court. However, it is interesting that the Plaintiffs in this case are targeting greenwashing at Whole Foods, rather than the certifying body. This likely boils down to strategy on the part of the Plaintiffs. Amazon has deeper pockets than MSC, and it would be harder to target MSC under consumer protection laws. This is another reminder that third-party certification bodies can expose companies to risks. While marketing a third-party certification is allowed, the reality of that certification may not align with the consumer perception of it. Companies should be cautious when advertising third-party certifications and provide consumers with enough context to understand them.
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