Greenwashing Cases Vs. Exxon, BP, and JBS Flounder in New York Courts

New York courts have dismissed three recent lawsuits alleging greenwashing practices at major companies, underscoring the challenge of seeking consumer protection claims in New York City and New York State, as Jones Day writes in a post on its website.

In City of New York v. Exxon Mobil Corp, plaintiffs alleged that the company engaged in deceptive trade practices, in violation of the state’s Consumer Protection Law (CPL), by way of greenwashing claims regarding the company’s fossil fuel products and their commitment to addressing climate change concerns.

In dismissing the case, the court said the defendant’s general statements about climate change were aspirational, or opinion-based, and unlikely to mislead, Cooley wrote. The court also said that the plaintiff failed to show that the statements in question were made in connection with the sale of a consumer good, as required by the CPL.

Another greenwashing case, filed in federal court, fared no better. In City of New York v. BP P.L.C., in the Southern District of New York, public and private nuisance claims were made under state tort law, and that case also was dismissed.

Another state case, State of New York v. JBS USA Food Company and JBS USA Food Company Holdings, was dismissed, again partly on the grounds that allegedly offending language was aspirational and unlikely to mislead consumers.

“While the city filed a notice of appeal on February 13, 2025, in Exxon, and the state has another opportunity to file its suit against JBS, the New York court system appears to be a difficult place to seek redress for climate-based statements,” Cooley concludes.