This update provides a summary of significant greenwashing litigation developments in the United States during the first part of 2026. It covers actions by federal and state governmental actors, private plaintiffs, and shareholder activists.
This year has seen key judicial rulings — including a Supreme Court certiorari grant in the Boulder climate case — that will shape the trajectory of greenwashing litigation for the remainder of 2026 and beyond. At the state level, a recent Arizona AG’s settlement demonstrated continued willingness to use consumer protection laws to target product-level greenwashing claims, and the California Supreme Court’s acceptance of Environmental Democracy Project v. Rael could expand the reach of organic labeling laws to new product categories. At the same time, the federal regulatory posture has continued to shift toward deregulation, creating a patchwork enforcement environment in which state attorneys general, private plaintiffs, and shareholder activists are driving the bulk of greenwashing accountability.
Click here to read the full update.
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Ropes & Gray has a leading ESG, CSR and business and human rights compliance practice. We offer clients a comprehensive approach in these subject areas through a global team with members in the United States, Europe and Asia. Senior members of the practice have advised on these matters for more than 30 years, enabling us to provide a long-term perspective and depth and breadth of experience that few firms can match. In addition, our experienced trial lawyers consistently deliver winning results for clients across many forums and jurisdictions, including state and federal courts, multidistrict litigation, and arbitration tribunals. With over 300 litigators around the globe, we have the resources to assemble the best team to address complicated and time-sensitive bet-the-company matters. For further information on the practice, click here.
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