Mighty Earth, a not-for-profit organization, filed a lawsuit on behalf of District of Columbia consumers against the beef producer JBS USA Food Company and JBS USA Food Company Holdings (JBS USA) alleging that JBS USA violated the D.C. Consumer Protection Procedures Act (CPPA) by making false and misleading misrepresentations that it can achieve net zero emissions by 2040 and making material omissions about its operations’ environmental harms. Mighty Earth alleged that JBS USA and its parents, subsidiaries, and affiliates (together, JBS Group) are the world’s largest producer of animal protein and the fifth largest emitter of methane, and that industrialized beef production “is responsible for more [greenhouse gas] emissions than any other major food product, largely due to the natural digestive process in cows that produces methane as a byproduct which is then belched out and released into the atmosphere, known as enteric fermentation, and land use changes such as deforestation.” The complaint alleged that the defendants knowingly misrepresent their greenhouse gas emissions to consumers by only targeting reductions in the 3% of emissions attributable to JBS Group’s facilities and not addressing emissions from the supply chain, including from production of beef.  Mighty Earth asked the D.C. Superior Court for a declaration that JBS USA’s conduct is in violation of the CPPA, as well as an order enjoining conduct in violation of the CPPA as well as redress in the form of “corrective advertising to address consumer misunderstanding about the environmental harms” of the defendants’ practices. Mighty Earth also asked for costs and disbursements, including attorney fees and expert fees, and equitable relief as necessary to disgorge JBS USA of monies acquired as a result of unlawful trade practices.

Climate washing action against major beef producer for allegedly misrepresenting that it can achieve net zero emissions by 2040 and making material omissions about its operations’ environmental harms.

Mighty Earth v. JBS USA Food Co.

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Climate Washing Case Filed in D.C. Court Against Beef Producer

Filed

United States of America

District of Columbia

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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 target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Either money or something of monetary value is transferred between two or more organisations, people or countries.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

This sector involves the wholesale and retail selling of goods.

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

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities involving the management, development, and sale of property assets.

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

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.

Climate Washing Case Filed in D.C. Court Against Beef Producer

Target

Risk

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance