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Greenwashing Under Scrutiny: Navigating Legal Risks in Environmental Claims (Presented by the Federal Bar Association Annual Meeting & Convention 2025 sponsor: Norton Rose Fulbright US LLP)

2025-11-06 14:00:00

2025-11-06 14:00:00

Examines legal risks of environmental marketing claims, covering FTC Green Guides, litigation trends, and practical compliance strategies for greenwashing avoidance.

2025-11-06 14:00:00

Examines legal risks of environmental marketing claims, covering FTC Green Guides, litigation trends, and practical compliance strategies for greenwashing avoidance.

2025-11-06 14:00:00

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Course Overview

Navigating Legal Risks in Green Marketing Claims

Participants will learn to identify greenwashing liability under federal and state consumer protection laws and apply substantiation strategies for defensible environmental marketing.

Greenwashing Fundamentals

Recognize common misleading environmental claim types.

Regulatory Frameworks

Apply FTC Green Guides and state standards.

Litigation Trends

Analyze recent court decisions on sustainability claims.

Risk Mitigation

Develop substantiation and disclosure best practices.

Course Overview

Navigating Legal Risks in Green Marketing Claims

Participants will learn to identify greenwashing liability under federal and state consumer protection laws and apply substantiation strategies for defensible environmental marketing.

Greenwashing Fundamentals

Recognize common misleading environmental claim types.

Regulatory Frameworks

Apply FTC Green Guides and state standards.

Litigation Trends

Analyze recent court decisions on sustainability claims.

Risk Mitigation

Develop substantiation and disclosure best practices.

Why Attend

Why this 
program matters

Understanding greenwashing litigation is essential for legal practitioners to help clients avoid significant liability exposure from deceptive environmental marketing claims under evolving federal, state, and international regulatory frameworks.
150+
Class-action lawsuits tracked by TINA.org accusing marketers of making misleading environmental claims as of March 2025.
30%
Increase in high-severity greenwashing cases globally year-over-year, even as overall incidents declined for the first time in six years.
42%
Of U.S. companies linked to greenwashing in 2023 were repeat offenders flagged again in 2024, significantly above the global average of 30%.
80%
Of consumers are willing to pay more for sustainably produced or sourced goods, creating strong incentives for companies to make environmental claims.

Agenda

Session 1

Understanding Greenwashing and Common Environmental Claim Types

Session 2

Legal Frameworks Governing Green Marketing Claims

Session 3

Recent Greenwashing Litigation Trends and Enforcement Actions

Session 4

Risk Mitigation Through Substantiation and Messaging

Session 5

Practical Guidance for Counsel Advising on Claims

clock 2:00 pm - 2:10 pm EST

Understanding Greenwashing and Common Environmental Claim Types

Sheila Niaz

Norton Rose Fulbright US LLP

Felicia Boyd

Norton Rose Fulbright US LLP

This session defines greenwashing and explores why companies engage in misleading environmental marketing, driven by consumer demand for sustainable products. Participants will learn to identify common greenwashing tactics including vague claims, unsubstantiated statements, hidden trade-offs, false certifications, and outright fabrication.

Sheila Niaz

Norton Rose Fulbright US LLP

Felicia Boyd

Norton Rose Fulbright US LLP

clock 2:10 pm - 2:25 pm EST

Legal Frameworks Governing Green Marketing Claims

Sheila Niaz

Norton Rose Fulbright US LLP

Felicia Boyd

Norton Rose Fulbright US LLP

This session examines the key legal frameworks for environmental marketing, including Section 5 of the FTC Act, the FTC Green Guides, the Lanham Act, and state UDAP statutes. Participants will explore core principles of substantiation, specificity, and clarity, along with anticipated regulatory updates and global perspectives from the EU, UK, and other jurisdictions.

Sheila Niaz

Norton Rose Fulbright US LLP

Felicia Boyd

Norton Rose Fulbright US LLP

clock 2:25 pm - 2:40 pm EST

Recent Greenwashing Litigation Trends and Enforcement Actions

Sheila Niaz

Norton Rose Fulbright US LLP

Felicia Boyd

Norton Rose Fulbright US LLP

This session analyzes landmark cases including City of New York v. ExxonMobil, JBS, Allbirds, Coca-Cola, Delta Airlines, and Evian to identify judicial trends in greenwashing litigation. Participants will learn how courts distinguish actionable misrepresentations from non-actionable puffery and understand the importance of contextual analysis and careful pleading.

Sheila Niaz

Norton Rose Fulbright US LLP

Felicia Boyd

Norton Rose Fulbright US LLP

clock 2:40 pm - 2:50 pm EST

Risk Mitigation Through Substantiation and Messaging

Sheila Niaz

Norton Rose Fulbright US LLP

Felicia Boyd

Norton Rose Fulbright US LLP

This session provides strategies for minimizing greenwashing liability through proper substantiation, clear disclaimers, and precise messaging. Participants will learn best practices for documenting environmental claims, using credible third-party certifications, and avoiding vague terminology that invites legal challenge.

Sheila Niaz

Norton Rose Fulbright US LLP

Felicia Boyd

Norton Rose Fulbright US LLP

clock 2:50 pm - 3:00 pm EST

Practical Guidance for Counsel Advising on Claims

Sheila Niaz

Norton Rose Fulbright US LLP

Felicia Boyd

Norton Rose Fulbright US LLP

This session offers actionable tips for in-house counsel and outside advisors evaluating environmental marketing claims. Participants will explore cross-departmental coordination strategies, evidence requirements, and frameworks for ensuring consistency between corporate sustainability reports and product-level messaging.

Sheila Niaz

Norton Rose Fulbright US LLP

Felicia Boyd

Norton Rose Fulbright US LLP

01 05
Prev
Next

Key topics that will be covered

What will you learn

Attorneys will learn about greenwashing legal frameworks including the FTC Act, Lanham Act, state UDAP statutes, and FTC Green Guides for environmental marketing claims.

What will you gain

Attorneys will gain practical strategies for substantiating environmental claims, using proper disclaimers, and coordinating legal review across marketing and sustainability teams.

Greenwashing Defined
Misleading environmental claims including vague statements, false certifications, and hidden trade-offs.
Legal Frameworks
FTC Act Section 5, Lanham Act, state UDAP statutes, and FTC Green Guides.
Litigation Trends
Courts analyze context, substantiation, and consumer perception in greenwashing cases.
Global Regulations
EU Green Claims Directive, UK Green Claims Code, and international enforcement trends.
Claim Categories
Carbon neutral, recyclable, sustainable, and ESG claims face increasing legal scrutiny.
Risk Mitigation
Substantiate claims, use specific language, and ensure cross-departmental coordination.

What will you learn

Attorneys will learn about greenwashing legal frameworks including the FTC Act, Lanham Act, state UDAP statutes, and FTC Green Guides for environmental marketing claims.

What will you gain

Attorneys will gain practical strategies for substantiating environmental claims, using proper disclaimers, and coordinating legal review across marketing and sustainability teams.

Plans

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of Bias, etc.)
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Individual Purchase
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Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Sheila Niaz

Norton Rose Fulbright US LLP

Felicia Boyd

Norton Rose Fulbright US LLP

Sheila Niaz

Norton Rose Fulbright US LLP

Sheila Niaz’s practice spans intellectual property law and product liability and consumer disputes, with a dual focus that enables her to provide comprehensive counsel to clients, particularly in cases where product liability intersects with intellectual property concerns. She leverages her background as a former software engineer to handle cutting-edge technologies including machine learning, IoT devices, blockchain and fintech.

Professional Involvement

Actively involved in pro bono work, which includes providing legal services to entrepreneurs and inventors from underserved communities, representing individuals in housing court, serving as a special assistant public defender and volunteering to help domestic abuse victims.

Experience

Former software engineer with extensive experience in patent prosecution and litigation before various courts and the USPTO's Patent Trial and Appeal Board. In product liability and consumer disputes, she represents clients in complex litigation matters, helping to defend against claims related to product defects, consumer fraud and regulatory compliance. Previously served as a law clerk to the Honorable Wilhelmina M. Wright, United States District Court Judge for the District of Minnesota, and the Honorable Patrick J. Schiltz, United States District Court Chief Judge for the District of Minnesota.

Sheila Niaz

Norton Rose Fulbright US LLP

Sheila Niaz’s practice spans intellectual property law and product liability and consumer disputes, with a dual focus that enables her to provide comprehensive counsel to clients, particularly in cases where product liability intersects with intellectual property concerns. She leverages her background as a former software engineer to handle cutting-edge technologies including machine learning, IoT devices, blockchain and fintech.

Professional Involvement

Actively involved in pro bono work, which includes providing legal services to entrepreneurs and inventors from underserved communities, representing individuals in housing court, serving as a special assistant public defender and volunteering to help domestic abuse victims.

Experience

Former software engineer with extensive experience in patent prosecution and litigation before various courts and the USPTO's Patent Trial and Appeal Board. In product liability and consumer disputes, she represents clients in complex litigation matters, helping to defend against claims related to product defects, consumer fraud and regulatory compliance. Previously served as a law clerk to the Honorable Wilhelmina M. Wright, United States District Court Judge for the District of Minnesota, and the Honorable Patrick J. Schiltz, United States District Court Chief Judge for the District of Minnesota.

Felicia Boyd

Norton Rose Fulbright US LLP

Felicia Boyd is a Chambers ranked litigator with extensive experience as a leader in complex IP disputes involving patents, copyrights, trademarks and trade dress spanning a diverse array of industries, including financial and investment services, medical devices, software, music, pharmaceuticals and manufactured goods.

Recognition & Leadership

Chambers ranked litigator. Senior Fellow of the Litigation Counsel of America, The Trial Lawyer Honorary Society. Fellow of the CIArb (Chartered Institute of Arbitrators).

Professional Involvement

Fellow of the CIArb (Chartered Institute of Arbitrators) and a member of LCIA (The London Court of International Arbitration), ArbitralWomen, and the complex commercial litigation panel and the consumer litigation panel of the American Arbitration Association. Member of the Trial Law Institute and Diversity Law Institute.

Experience

More than three decades of practice with several victories as a litigator, including preliminary injunction motions, summary judgment motions, favorable settlements and jury verdicts at trial. Significant experience with complex case management and coordination of global discovery efforts. Manages global trademark portfolios for clients in various industries, including nearly three decades of work for a Fortune 50 financial institution. Serves as an arbitrator and mediator. Admitted to the State Bar of Minnesota, US Patent and Trademark Office, US District Court for the District of Minnesota, US District Court of Appeals for the Ninth Circuit, US Court of Appeals for the Federal Circuit and the US Court of Appeals for the Eighth Circuit.

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