The federal district court for the District of Columbia remanded to D.C. Superior Court the nonprofit organization Mighty Earth’s greenwashing lawsuit against the meat producer JBS USA Food Company and JBS USA Food Company Holdings (JBS USA). Mighty Earth alleged, among other things, that JBS USA misrepresented its products’ sustainability by advertising a net zero emissions by 2040 goal “without the intention or capability” of achieving the goal. Both JBS USA and Mighty Earth agreed that Mighty Earth lacked Article III standing, but Mighty Earth asserted that it had standing to bring the case in D.C. courts under the D.C. Consumer Protection Procedures Act, which authorizes public interest organizations to bring claims on behalf of consumers. JBS USA, which removed the case on diversity jurisdiction grounds, argued that the federal court should dismiss the case for lack of standing. The federal court concluded that it was bound by rulings holding that Article III standing was unnecessary when a case such as this is brought in D.C. court. Because it could not exercise jurisdiction over Mighty Earth’s claims and because the D.C. Superior Court could, the federal district court remanded the action.

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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D.C. Federal Court Returned Greenwashing Case Against JBS USA to D.C. Superior Court

Filed

United States of America

District of Columbia

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D.C. Federal Court Returned Greenwashing Case Against JBS USA to D.C. Superior Court

Target

Economic sector