The New Greenwashing – Potential International Disputes Arising from Misleading Sustainability ‘Claims’

‘Greenwashing’ is fundamentally a trust issue: the term’s entry into common parlance reflects an increasing public scepticism about representations on sustainability emanating from businesses. Yet we remain to see significant effective challenges against dubious ESG claims relying on more traditional legal causes of action. Say “climate greenwashing” and people think about the Green Claims Code, the Advertising Standards Authority, and court cases against fossil fuel majors. But there’s more to greenwashing, and the potential claims to which it might lead. This session will deep-dive into three areas where substantial international disputes might arise out of less-than-true statements made about climate and environmental sustainability, with the potential to transform the legal landscape for holding those claiming eco-credentials to their public statements:

• Disputes founded on breaches of climate and nature-related ESG contractual obligations

• Consumer claims for damages for products and services mis-sold on false & greenwashed advertising

• Potential claims arising out of Sections 90 and 90A of the Financial Services and Markets Act 2000