Environmental Working Group (EWG) and Tyson Foods, Inc. (Tyson) entered into a settlement agreement to resolve EWG’s lawsuit asserting that Tyson violated the District of Columbia Consumer Protection Procedures Act by making false and misleading statements regarding Tyson’s “Climate-Smart Beef Program” and its ambition to achieve net-zero greenhouse gas emissions by 2050. Tyson denied EWG’s allegations but agreed not to make new claims or repeat old claims regarding any net-zero greenhouse gas emissions ambition “unless and until an expert mutually agreed upon by the Parties … verifies that each such claim(s) has been substantiated and is valid.” In addition, Tyson agreed not to make new claims or repeat old claims regarding any “Climate-Smart” beef program and not to market, sell, or promote beef products described as “climate smart” or “climate friendly” in the United States until the expert verifies that such claims can be substantiated and are valid. Tyson’s obligations run for five years. The parties agreed to negotiate in good faith to agree upon the expert; EWG is to pay the expert and Tyson is to reimburse EWG within 30 days of the expert’s report. The settlement agreement also referred to a confidential addendum and provided that the parties must “keep strictly confidential the amount of attorneys’ fees, expenses, costs, and consideration paid to EWG as set forth” in the addendum.

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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Environmental Working Group and Tyson Foods Settled Climate Washing Claims

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.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

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.

Environmental Working Group and Tyson Foods Settled Climate Washing Claims

Target

Policy instrument

Impacted group

Greenhouse gas

Economic sector

Finance