We Are Experienced New York and New Jersey Environmental Contamination Class Action Attorneys
Our class action practice grew out of our litigation practice. Class actions allow clients with limited resources to litigate against big adversaries with more resources. A class action makes it possible to press claims that otherwise would cost too much to pursue. In a class action, clients with common interests litigate through one or more representatives who have similar interests.
Class actions work where people are affected by common circumstances. Environmental issues that impact a group of people (including pollution in its many forms) can present appropriate circumstances for class action litigation. For example, in April 2019, we obtained certification in Superior Court of a class action on behalf of over 400 residential property owners whose homes have been affected by groundwater contamination emanating from the former headquarters of Hoffmann-La Roche, Inc. in Nutley and Clifton, New Jersey.
Not every class action involves so many claimants. If you have an environmental issue affecting your own neighborhood or town, we are available for consultation about legal options, which might include a class action.
Greenwashing and Other Consumer Fraud Actions
Greenwashing occurs when an entity publicly misrepresents or exaggerates the positive environmental impact or attributes of a product.
In a federal court case in California, one Circuit Court Judge wrote a concise and readable concurring opinion to explain this relatively new branch of consumer fraud law. It reads, in pertinent part, as follows:
Greenwashing refers to “a set of deceptive marketing practices in which an entity publicly misrepresents or exaggerates the positive environmental impact or attributes of a product[.]” Amanda Shanor & Sarah E. Light, Greenwashing and the First Amendment, 122 Colum. L. Rev. 2033, 2037 (2022); see also id. at 2056-57. The practice of greenwashing has resulted from the increasing number of American consumers who want to buy environmentally friendly, or “green,” products. See 16 C.F.R. § 260.1 (“the Green Guides”).
Greenwashing is not limited to environmental effect and is also used to describe the misleading or false labeling of a wide range of consumer products. For example, the practice of greenwashing also affects “the way consumers buy cosmetic and personal products.” Alexa Riccolo, The Lack of Regulation in Preventing Greenwashing of Cosmetics in the U.S., 47 J. Legis. 120, 122 (2021). In the context of cosmetics and personal care products (e.g., shampoos and conditioners), the term is used to describe products that have “natural” labeling “but actually contain chemicals[.]” Id.
The Federal Trade Commission issued the Green Guides to help companies avoid making misleading environmental claims. The Green Guides discourage marketers from making broad environmental benefit claims like “green” or “eco-friendly” because they are “difficult to interpret and likely convey a wide range of meanings.” See 16 C.F.R. § 260.4. The Green Guides also state that companies “should not imply that any specific benefit is significant if it is, in fact, negligible.” 16 C.F.R. § 260.4(c). While the Green Guides do not explicitly comment on use of the words “nature” or “natural,” they give general principles that all marketers can use to avoid deceiving consumers unintentionally or from mere negligence. See, e.g., 16 C.F.R. §§ 260.9 (addressing claims that a product is “free of” specified substances or chemicals), 260.10 (addressing claims that a product is “non-toxic”).
Here, although there is only one natural ingredient in the products, the word “Nature” is in bold, capitalized text on the front labels and is one of the largest words on the bottles, second only to the brand name, “Pantene.” As a consumer hoping to purchase natural personal care products, McGinity was drawn to the emphasis on “Nature” and thought that the labeling meant that the products were “of, by, and from ‘Nature.'” McGinity alleges that “Nature Fusion” conveyed to him that the products were made of predominantly natural ingredients when they were, in fact, made of almost entirely synthetic ingredients. The phrase “Nature Fusion” may be more ambiguous and less deceptive than “green” or “eco-friendly,” but I still note how the use of such a phrase sounds alarm bells similar to those sounded in the Green Guides.
McGinity v. P & G, 69 F.4th 1093, 1100-1101 (footnotes omitted) (9th Cir 2023)(Gould, J., concurring).
Davis Environmental Law is well qualified to assist consumers who may have greenwashing or other consumer fraud act claims. We consider this a natural offshoot of our class action practice.