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Greenwashing and Climate Litigation



More and more entrepreneurs and businesses are seeking to introduce green or carbon-neutral products, to set “Net Zero” climate targets and take other positive actions to reduce greenhouse gas emissions, and to communicate those efforts to customers and the broader public.

At the same time, jurisdictions around the around the world, including Canada, are renewing their focus on the enforcement and regulation of green claims and other sustainability-related marketing efforts, with consumers and civil society groups also scrutinizing these claims ever more closely.

The resulting double-bind is tough for companies to navigate: say too little, and risk being accused of inaction; say too much, and risk being accused of “greenwashing” or “climate-washing” by regulators and private litigants. 

Fasken has a broad team of professionals with multi-faceted skills covering all aspects of greenwashing and climate litigation.  We help clients across a broad spectrum of related activities, including:

  • Consumer protection, deceptive marketing and green claim enforcement by regulators, including the Competition Bureau;
  • Sustainability reporting, climate-related disclosures and related securities law matters;
  • Advising companies with green product launches and environmental marketing, helping to anticipate and mitigate the risk of “greenwashing” or “climate-washing” allegations;
  • Assist clients in establishing “Net Zero” corporate climate targets, and setting and communicating other corporate environmental and climate-related targets and claims;
  • Climate, consumer protection and securities litigation and class actions.