Katie Bond and Samuel Butler Quoted in Chemical Watch Article on Recent False Advertising Litigation

Keller and Heckman Partner Katie Bond and Associate Samuel Butler were quoted in the Chemical Watch article, “What can we learn from two recent ‘greenwashing’ lawsuits in New York and California?” The article examines differences in how courts have treated deceptive marketing claims by pointing to two recent greenwashing lawsuits in New York and California. 

According to Katie and Samuel, “there tends to be some variation in how consistent or predictable the decisions” are in false advertising cases. They noted that although false advertising lawsuits over environmental claims have been around for a while, greenwashing cases involving per-and polyfluoroalkyl substances (PFAS) are relatively new, and while these cases are now popping up all over the country, courts have not figured out how to handle greenwashing cases consistently. 

Companies responding to these types of allegations “are calling on all the usual false advertising defenses, including standing, as well as lack of plausibility in the allegations, or a lack of specificity,” they said.

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