Fashion retailers remain a top target of greenwashing lawsuits. Retailers are under scrutiny for their sustainability representations (discussed in our earlier legal alerts here) and are being targeted by class action lawsuits alleging claims under consumer protection and unfair advertising statutes.

This Legal Alert focuses on two closely watched fashion greenwashing cases in Missouri—one against H&M, which was recently dismissed, and one against Nike, which was just filed. Although H&M may have earned a reprieve, greenwashing plaintiffs are unlikely to go quietly into the night, as evidenced by the class action brought against Nike.

Lizama v. H&M (MO)¹

In Lizama, the second putative class action brought against H&M in November 2022, plaintiffs accused H&M of making misleading representations about its “conscious choice” line of clothing and sustainability initiatives. The complaint included 11 causes of action, including violations of Missouri and California consumer protection statutes, and named two class representatives—Abraham Lizama and Mark Doten.

On May 12, 2023, the US District Court for the Eastern District of Missouri granted H&M’s motion to dismiss—dismissing the entire action under separate analyses for Lizama and Doten, for failure to state a claim and for lack of personal jurisdiction, respectively. Lizama asserted claims under Missouri’s Merchandising Practices Act (MMPA)—representing Missouri residents (the Missouri subclass), as...