“We Aim To Create a More Sustainable and Better Shared Future.” Is It Always Safe to Publicly Declare a Commitment to Sustainability and Environmental Protection?

Does your company make public statements that it cares about, and is working meaningfully toward, environmental sustainability? If yes, this article is for you. The opinion released by the District of Columbia Court of Appeals on August 29, 2024, demonstrates that even aspirational statements, such as the company’s statement on its website that it aims “to achieve positive change in the world and build a more sustainable future for our communities and our planet,” can be actionable under consumer protection laws for being false and misleading representations. Earth Island Inst. v. Coca-Cola Co., No. 22-CV-0895, 2024 WL 3976560 (D.C. Aug. 29, 2024).