Reducing the Risk of ‘Greenwashing’ Litigation and Defending Actions That Are Filed

Harvard Law School Forum on Corporate Governance

Jessica Davidson Nina R. Rose

Partners Jessica Davidson and Nina Rose and associate Robert Silverstein highlight ways in which businesses can reduce the risk of greenwashing suits. The authors discuss how companies must be able to support claims on a product’s front label and make any caveats prominent, as well as how back-of-the-package caveats and disclaimers are disfavored by courts.