In recent years, environmental responsibility has become a powerful marketing tool. Companies know that consumers are increasingly motivated to purchase products that claim to be sustainable, eco-friendly, carbon-neutral, or green. Unfortunately, not all of these claims are what they seem. When businesses exaggerate or fabricate their environmental benefits, they engage in a practice known as greenwashing.
At Malk & Pogo Law Group, we believe consumers deserve transparency and honesty. Misleading environmental advertising not only harms individuals who pay a premium for “green” products but also creates unfair competition against companies that actually invest in sustainable practices. This blog explores what greenwashing is, how it deceives consumers, why it matters, and how the law is beginning to hold companies accountable.
What Is Greenwashing?
Greenwashing occurs when a company markets its product or brand as environmentally friendly without a genuine basis for the claim. This can take many forms:
- Vague language like “eco-safe,” “all-natural,” or “planet-friendly” without proof.
- Hidden trade-offs, where one small sustainable feature is highlighted while major harmful practices are concealed.
- Imagery and colors designed to suggest environmental benefits (e.g., green packaging, leaves, recycling symbols) when the product itself is not sustainable.
- Carbon offset claims that suggest climate neutrality, even though emissions reductions are not substantiated or verified.
- “Biodegradable” or “compostable” claims that are technically true only in specific industrial facilities that most consumers cannot access.
The result? Consumers believe they are making environmentally responsible choices, when in reality they are being misled.
Why Greenwashing Matters for Consumers
For many people, sustainability is not just a preference — it’s a core value. Shoppers are willing to pay more for products that they believe are genuinely better for the planet. When those claims are false:
- Consumers lose money by paying a premium price for something that does not live up to its promises.
- Health and safety can be impacted if the “green” claim leads consumers to believe a product is safer for their families than it really is.
- Trust in the marketplace erodes, making it harder for legitimate environmentally responsible companies to compete fairly.
False advertising of this kind is especially harmful because consumers cannot easily verify these claims on their own. A family shopping for groceries or household goods cannot conduct lab tests or review complex carbon accounting. They have to rely on what the label says — and companies know that.
How Regulators Define and View Environmental Claims
The Federal Trade Commission (FTC) publishes guidelines known as the Green Guides, which outline how companies should advertise environmental benefits. The Green Guides warn against broad, unqualified claims like “environmentally friendly” because they are almost impossible to substantiate. Instead, advertisers are expected to provide clear, specific, and verifiable information.
Similarly, the Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) have rules around labeling for certain categories, such as food packaging, biodegradable materials, and organic certifications.
The common thread is this: If an environmental claim has the capacity to mislead a reasonable consumer, it may be unlawful.
Common Examples of Greenwashing in the Marketplace
- “All Natural” Cleaning Supplies
Products that promote themselves as “all natural” or “chemical-free” while still containing synthetic preservatives or irritants. - “Biodegradable” Plastics
Some plastics are marketed as biodegradable, but in reality, they only break down in industrial composting facilities, not in a landfill or the natural environment. - Fashion and Apparel Brands
Clothing lines labeled “sustainable” or “eco-friendly” often rely on polluting supply chains or unsustainable textile production, with only a small portion of materials meeting the advertised standard. - Carbon Neutral Claims
Companies boasting of being “carbon neutral” often rely on questionable offset programs rather than actually reducing emissions. - Recyclability Claims
Packaging labeled “100% recyclable” when local recycling programs don’t actually accept the material.
The Harm to Honest Businesses
Greenwashing doesn’t just harm consumers, it also undermines legitimate businesses that invest heavily in sustainable practices. A company that truly reduces its environmental impact incurs costs for innovation, cleaner sourcing, and certifications. When competitors use misleading shortcuts, they create an unfair competitive advantage by reaping the rewards of sustainability marketing without the effort or expense.
This is exactly why consumer protection laws exist: to level the playing field and ensure that honesty is rewarded.
Legal Protections Against Greenwashing
California and federal law provide several avenues for holding companies accountable for false or misleading advertising:
- California’s Unfair Competition Law (UCL) prohibits any unlawful, unfair, or fraudulent business act or practice.
- California’s False Advertising Law (FAL) prohibits untrue or misleading statements in advertising.
- California Consumers Legal Remedies Act (CLRA) provides protection against deceptive practices in the sale of goods.
- Express and implied warranties may also be violated when products do not conform to their advertised qualities.
When a company falsely markets its product as eco-friendly, each of these laws may apply. Consumers may be entitled to damages, restitution, disgorgement of profits, and injunctive relief including: changes to labeling, advertising, and business practices.
How Malk & Pogo Law Group Can Help
Our firm is committed to protecting consumers from deceptive marketing practices, including false environmental claims. We investigate how companies market themselves, review whether their claims align with federal and state definitions, and pursue litigation to hold them accountable.
By challenging greenwashing in court, we not only seek monetary recovery for misled consumers but also promote fair competition and encourage more responsible corporate behavior.
What Consumers Can Do
While legal action is one tool, consumers can also take steps to protect themselves from greenwashing:
- Read beyond the buzzwords. Look for third-party certifications (such as USDA Organic or Energy Star) rather than vague claims.
- Check for details. A truly environmentally friendly product will specify how it is sustainable, not just claim it.
- Be wary of packaging alone. Green colors and nature imagery do not guarantee eco-friendliness.
- Stay informed. Regulators and watchdog groups often publish guidance on misleading claims.
Why This Matters
Greenwashing erodes trust, wastes consumer dollars, and undermines progress toward real sustainability. Consumers deserve to know that when they choose an eco-friendly option, their purchase makes a difference.
At Malk & Pogo Law Group, we believe accountability is essential. Companies that misrepresent their products should not profit at the expense of consumers or the planet. Through legal action, we aim to create a fair marketplace where honesty and responsibility are rewarded.
How We Can Help
If you purchased a product that claimed to be sustainable, green, or eco-friendly but later discovered the claim was misleading, you may have legal rights. Contact Malk & Pogo Law Group today to discuss your situation. We fight for transparency, consumer protection, and corporate accountability and we are here to help.