The District of Columbia Superior Court denied Tyson Foods, Inc.’s (Tyson’s) motion to dismiss a greenwashing action brought under the D.C. Consumer Protection Procedures Act (CPPA) in which the plaintiff alleged that Tyson made false or misleading statements about its commitment to achieving net zero emissions by 2050 and by advertising a “climate-smart beef” program. The court concluded that it was fair to exercise specific personal jurisdiction over Tyson and found that the plaintiff stated plausible claims for relief under the CPPA under the precedent in Earth Island Institute v. Coca-Cola Co. Regarding the net zero by 2050 claim, the court found that the plaintiff claimed a “fundamental mismatch between the allegedly minimal steps Tyson is taking and the actions that would be necessary to achieve its net-zero goal”; the court said this “vast discrepancy” paralleled the facts in Earth Island. Regarding the “climate-smart” beef program, the court found that the plaintiffs’ allegations—that Tyson did not define the term “climate-smart beef,” that the company did not release data to support the claim, and that the company sourced some of the beef from an industrial feedlot—were sufficient to show that the climate-smart beef representations might give consumers a misleading impression. The court also held that the First Amendment did not bar the plaintiff’s claims since the statements at issue were “clearly commercial speech.” But the court said that if the plaintiff was ultimately successful, the court would take care in fashioning relief so as not to infringe on Tyson’s First Amendment rights.

Lawsuit alleging that Tyson Foods made false or misleading marketing claims regarding its commitments to reduce carbon emissions associated with its meat products.

Environmental Working Group v. Tyson Foods, Inc.

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D.C. Court Allowed Climate Washing Suit to Proceed 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 loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

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 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.

The activities of industries that transforms raw materials into finished goods through industrial processes.

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

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

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

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

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

D.C. Court Allowed Climate Washing Suit to Proceed Against Beef Producer

Target

Policy instrument

Risk

Fossil fuel

Greenhouse gas

Economic sector

Finance