The apparel company’s Conscious Choice line is marketed as “the shortcut to sustainable fashion.” The line features apparel and accessories made from materials such as organic cotton or recycled polyester, which the company claims are more sustainable. On its website, the company describes the clothing line as “created with a little extra consideration for the planet” and that “at least 50% of each piece is made from more sustainable materials.” To identify the line within stores, the company used a green hashtag and their marketing, advertisements, and social media for Conscious Choice apparel utilized green imagery, with models often surrounded by plants.
The Complaint
Filed in the US District Court for the Eastern District of Missouri, the complaint alleges that the fast fashion company’s Conscious Choice line misrepresents the line’s environmental impact and misleads consumers into paying a price premium for allegedly environmentally friendly apparel.
Notably, the plaintiff alleges:
The Green Guides
The Green Guides were issued by the US Federal Trade Commission to help marketers avoid making environmental claims that could mislead consumers. The plaintiff cites several Green Guide provisions and principles in making their claims:
The suit against the fast fashion company reflects an increased focus on greenwashing claims by regulators and plaintiffs’ attorneys. Before dissemination of environmental benefit claims, companies should confirm that the claims made by their product marketing and product labels are supported by competent and reliable substantiation.
As we’ve seen, unsubstantiated environmental claims can lead to class actions with potentially hefty price tags.
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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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