Katie Bond Quoted in Trellis Article on Lessons from Keurig’s SEC Case Over K-Cup Recycling Claims

Keller and Heckman Partner Katie Bond was quoted in the Trellis article, “What companies can learn from Keurig’s SEC case over K-Cup recycling claims.” The article details the recent Keurig Dr Pepper case in which the SEC charged the company for claiming their coffee pods were “recyclable” in 2019 and 2020 sustainability reports, demonstrating the legal risks that come with green marketing.

According to Katie, “Right now, there is really no such thing as a risk free green marketing claim. The SEC has become just one more threat in addition to the Federal Trade Commission, states like California, plaintiffs’ firms filing class actions, NGOs, which are also filing cases, competitors, and self-regulatory bodies like the National Advertising Division which is closely watching the marketplace and filing challenges,” she said.

Katie added, “Class actions are really where the big risk is right now, though. Plaintiffs’ firms are using long-standing (FTC) Green Guides standards to bring cases challenging claims like ‘recyclable,’ and they are using entirely novel theories to challenge claims based on the news cycle.”

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