In a new article in Bloomberg Law, New York litigation partner Alex Simkin provides analysis on a closely watched New York City greenwashing lawsuit, now before the New York Appellate Division. The appellate court is considering whether to revive the city's claims that several oil companies engaged in deceptive advertising by overstating their environmental commitments and downplaying the climate impact of their products.
Alex discusses the central legal question of how broadly the city's consumer protection law should be read, noting that a ruling in the city's favor could make the law “a much broader and more powerful enforcement mechanism” for regulating commercial advertising. He also highlights the potential impact of a pending US Supreme Court case on federal preemption, which he says “has the ability to render all of this academic.”
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