LITIGATION TRENDS 2025 | 65 T O C E M P E S G A N T I I P C A P R O W C S P O R T C O N T A C T I N T A P P P A T C C L S E C M P S Northern District of Illinois in May 2024 suggests that aspirational statements may still help to mitigate risk in the sustainability space. A consumer filed a class action against Walmart challenging statements about the sustainable sourcing of certain seafood products. The court found that the consumer had plausibly alleged that “Sustainably Sourced – 100% – Sustainability” statements on the products could be misleading by suggesting that the products were guaranteed to have been produced in ways that were not harmful to marine life or the environment. But the court dismissed claims challenging statements that the company was “Committed to sourcing sustainable seafood” and directing consumers to see its full sustainability commitment on its website. These claims, the court held, were not actionable because they were simply general and aspirational. These cases, along with the JBS and Nestlé actions, illustrate that consumers, NGOs, and regulators are all alert for potentially misleading aspirational statements about sustainability efforts and goals. Companies would be wise to view these forward-looking statements as requiring substantiation. The BBB’s National Advertising Decision has advised that forward-looking goals that are objective and measurable should be supported by a currently operational plan to achieve the goal, evidence that the goal is scientifically feasible through existing or reasonably anticipated technologies, and evidence of concrete steps taken toward the goal. Mere aspiration alone may not be enough to avoid a legal challenge. As we look ahead to 2025, we expect continued activity challenging companies’ sustainability goals and the efforts and resources they have actually committed to make those goals a reality. These cases illustrate that consumers, NGOs, and regulators are all alert for potentially misleading aspirational statements about sustainability efforts and goals. Companies would be wise to view these forward-looking statements as requiring substantiation. CROSS-PRACTICE FOCUS Environmental, Social & Governance 64 | Weil, Gotshal & Manges LLP
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