Nike‘s victory in the Missouri court, which decided to dismiss the class action lawsuit against the sports brand, is bound to leave its mark. Because it shows that brands must be able to demonstrate their sustainability achievements, as consumers, investors and laws demand. But even greenwashing accusations need to be substantiated by those making them, or else they fall into the same vagueness that is imputed to the alleged boasters of ecological merits.
Greenwashing accusations fall
It was May 2023 when Maria Guadalupe Ellis accused Nike of using “deceptive and misleading” slogans in defiance of the Missouri Merchandising Practices Act and the Federal Trade Commission’s (FTC) Green Guide. At the time, the press reported that the plaintiff’s ambition was to turn the complaint into a class action. Nothing came of it. Less than a year later, Judge Matthew Schlep, Fast Company reports, ruled “no case” against Nike. Why? Ellis did not attach any proof, evidence, indiscretion or deed to prove the merits of her accusation. For the US market, the dismissal of the complaint sets a precedent. For the global, one a warning.
Photo by Nike
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