Greenwashing: New Rules and Rising Risks Related to Sustainability Claims

Brands face increasing global pressure and risks around sustainability claims. Greenwashing has emerged as one of the most actively litigated areas of environmental policy. As companies face growing pressure from investors, consumers, and regulators to demonstrate their environmental credentials, the risk of making false, misleading, or unsubstantiated sustainability claims has never been higher. At the same time, the regulatory and enforcement landscape governing those claims has grown increasingly complex and politically charged. Sam Houshower and Jennifer King, Freshfields, provide an overview of the regulatory and enforcement landscape in the United States, discuss the latest litigation, and highlight emerging cross-border considerations from Europe. The program closes by addressing steps companies can take to mitigate their risk. Attendees will leave better prepared to advise clients on managing greenwashing risk in an inherently global and multijurisdictional enforcement environment. Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.