Tyson Faces Lawsuit Over Net Zero Claims | Kelley Drye & Warren LLP

The Environmental Working Group (EWG) filed a lawsuit against Tyson Foods, accusing the company of falsely claiming to be net-zero by 2050 and misrepresenting its industrial beef products as climate-smart. This lawsuit follows similar accusations against Coca-Cola and comes amidst Tyson s acknowledgment of the significant greenhouse gas (GHG) emissions from beef production. Despite Tyson s investment of $42 million in climate-smart practices, EWG argues that the investment is insufficient and that Tyson lacks a viable plan to achieve its climate goals. EWG criticizes Tyson s claims, stating that the term climate-smart is undefined and that Tyson does not disclose how it measures GHG reductions. The organization argues that even if Tyson were to reduce emissions from a portion of its beef products, it would not be a climate-smart choice for consumers. EWG also points out that there is no proven or anticipated way to achieve net zero emissions at Tyson s current scale of production. The lawsuit raises questions about the extent of progress a company must make towards a goal before it can communicate that goal without misleading consumers. The recent reversal of a DC Superior Court decision by the DC Court of Appeals, which held that aspirational statements can be actionable under the Consumer Protection Procedures Act (CPPA), adds complexity to the case. The outcome of this lawsuit may influence how companies approach climate-related goals and targets, potentially leading to greenhushing as companies avoid making claims to reduce litigation risks. Until clearer guidelines are established, companies will need to proceed with caution when communicating their climate-related goals.

Source: jdsupra.com
Published on 2024-09-24