The federal district court for the Northern District of California granted the sugar producer Florida Crystals Corporation’s motion to dismiss a greenwashing class action but granted the plaintiff leave to file a second amended complaint to clarify her theory of liability. The court found that the first amended complaint’s allegations of deception were related to the defendants’ representations regarding the environmental benefits of particular products but that in opposing the motion to dismiss, the plaintiff focused on her reliance on representations regarding company-wide practices related to the environment, including climate change. The court therefore dismissed the first amended complaint on the grounds that it did not “adequately articulate” the plaintiff’s theory as to how the defendant’s representations were deceptive. The court did not address the defendant’s other grounds for dismissal and denied the motion to dismiss on those grounds without prejudice to the company’s ability to raise them after the plaintiff filed a new complaint.

Greenwashing consumer class action alleging that defendants deceived and misled consumers into purchasing their sugar products.

Merrell v. Florida Crystals Corp.

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

California Federal Court Allowed Plaintiff to File Amended Complaint to Clarify Greenwashing Case Against Sugar Producer

Filed

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

California Federal Court Allowed Plaintiff to File Amended Complaint to Clarify Greenwashing Case Against Sugar Producer

Policy instrument

Risk

Economic sector