The past 18 months have witnessed a steady increase in the filing of consumer class actions involving allegations of false or deceptive advertising related to consumer products. While such cases traditionally focused on product features or performance, more and more class actions challenge advertising describing the environmental, sustainability, and ethics practices of the consumer product manufacturers themselves. In addition, more plaintiffs are bringing false and deceptive advertising claims based on affirmative statements of product safety or a failure to disclose the presence of supposed harmful substances. This article discusses examples of recent cases that illustrate these trends.
The rise in "conscious consumerism," or the commitment to purchasing decisions that have a positive social, economic, and environmental impact,1 has resulted in a number of consumer product manufacturers touting their products as "sustainable," "ethical," "environmentally friendly," "green," and "cruelty free." But what happens when details emerge about purportedly unethical or unsustainable practices within these manufacturers' supply chains? As the examples below illustrate, putative class action plaintiffs have been quick to challenge the manufacturer's marketing claims about environmentally friendly actions, the sustainability of their products, and "cruelty-free" or ethical manufacturing processes.
Lawsuit Filed Over Alleged Unsubstantiated Medical Cannabis Claims A class-action lawsuit has been filed in federal court in Illinois, accusing three prominent multi-state cannabis operators—Cresc...