Ropes & Gray Partner Alex Simkin Discusses B2B Greenwashing Litigation in Lexology PRO

Companies are sharpening sustainability messaging, and with it comes a growing risk: competitor‑driven greenwashing claims. In comments to Lexology PRO, Alexander Simkin, a litigation partner in Ropes & Gray’s New York office, notes that while most U.S. greenwashing suits arise under consumer protection statutes, competitors can sue where they suffer a direct, concrete commercial injury from allegedly false or misleading environmental statements.

While these types of actions are rare, a pending case in California over “eco‑friendly,” “sustainable,” and bio‑based product claims underscores the shift from ethics to competition, with any proven advantage to be determined at trial.

Internationally, courts and regulators continue to scrutinize environmental marketing under unfair competition and consumer protection regimes in the U.S., UK, EU, and Switzerland, reinforcing the need for clear, specific, and verifiable substantiation.

To stay on top of regulations across the U.S., go to our ESG tracker.