There are definitely lawsuits that have been filed claiming that companies are making bogus eco-friendly statements about their products, or so-called greenwashing claims. But, is there a niche practice to be made out of this type of claim?
My thought is yes because if nothing else there is a dedicated group of people trying to better the planet by buying green. They rely on the claims of companies that promote their products as green. What happens then if the product is not overly green or as green as claimed? My thought is that lawsuits will be necessary to police opportunist of take advantage of these sensibilities.
It is probably a legal niche in the making because it is a marketing distinction that in this hyper green market allows the attorney to stand out. It is a subset of a wider legal market and the market niche here defines the specific product features (or lack thereof). It differentiates itself from the services offered by broader mainstream law providers.
Greenwashing is a combination or reference of both the green movement in the world and the term whitewash, which means to gloss over or cover up vices, data or imperfections. Greenwashing is the practice of companies disingenuously spinning their products and policies as environmentally friendly when they are not necessarily so. The term "green sheen" is also used to describe this type of marketing. Greenwashing is a term coined by New York environmentalist Jay Westerveld.
Law.Com's In-House Counsel site posted an article on the rise of greenwashing lawsuits questioning everything from household cleaners to automobiles for their greenworthiness. As cited in the article, this is probably a likely result of the exponential growth of green products. A study by TerraChoice, an environmental marketing agency, claims that the number of "green" products has increased by 79% from 2007 to 2009.
The Green Patent Blog has a entire category covering greenwashing.
Although it will probably not last long, a recent search by me showed that although greenwashinglaw.com is taken, the other extensions are not. greenwashlaw.com is still available, as are all extensions for greenwashing and greenwash lawyer, attorney, law firm and litigation. Any takers? Act quickly?
The point is that the green movement has many very dedicated believers and supporters, many of whom have elected to spend more money on a more sustainable planet. You have companies that want to desperately appeal to this demographic even if their products do not necessarily stand up. As a result, you will have more than disappointed people and organizations when a marketing claim ends up being false. Many of these people and organizations will feel compelled to do something about it. They will turn to lawyers.
The ABA Journal just proclaimed that greenwashing disputes are becoming the hot area of false advertising law. The Ohio Environmental Law Blog states that greenwashing is rampant. Even Nolo has a transcript dealing with a prior podcast of greenwashing. ClimateBiz lays out for you the sin of greenwashing. Ralph Nader is railing against greenwashing.
My though is that greenwashing will start to raise its legal head in the building trades as well as green claims start to outpace traditional construction in sales and price points.
Is this ground floor niche right for you? If so, now appears the time to get in to the field.
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