Greenwashing En Vogue in the Fashion Industry

The deceptive marketing lawyers at The Lyon Firm are investigating new retail and fashion company greenwashing claims on behalf of consumers nationwide. The fashion industry is one of the largest polluters in the world and has been scrutinized for its environmental impacts for decades.

Class action lawsuits have been filed by plaintiffs who feel misled and deceived by false advertising and greenwashing campaigns that prey on consumers’ concern for the environment. Compensation can be sought, and our attorneys have the experience and resources to hold negligent fashion companies and retailers accountable.

Understanding the Fashion Industry’s Greenwashing Campaigns

In a race for corporate profits and to gain any industry edge, many fashion brands have improperly called their manufacturing practices "sustainable" and "eco-friendly." However, at the forefront of all the marketing material lies a pervasive practice known as greenwashing—a marketing strategy that misleads consumers into believing products or companies are more environmentally friendly than they truly are.

Companies in many sectors exaggerate or fabricate their environmental credentials to appeal to eco-conscious consumers. In the fashion world, this might involve using vague terms like "green," "natural," or "sustainable" in their promotional materials, often highlighting minor eco-friendly initiatives to distract from broader harmful practices. It has become a dangerous sales tactic that has been called out by deceptive marketing and consumer protection lawyers.

Many brands will make a point to highlight small, symbolic efforts while ignoring their larger ecological footprint. H&M’s garment recycling program, launched in 2013, encouraged customers to drop off old clothes in exchange for discounts. While promoted as an important sustainability program, less than 1% of collected textiles were recycled into new garments, according to a 2021 Changing Markets Foundation report.

One of the more egregious offenses in the fashion industry is using misleading certifications and partnerships. Some companies boast about their eco-certifications or collaborations to bolster credibility, but these can be misleading. Certifications may only cover a fraction of a brand’s supply chain while the rest remains unaccounted for.

The emphasis on recycling clothing and the use of recycled polyester—often derived from plastic bottles—is a classic greenwashing tactic. While a clothing recycling program may reduce plastic waste, it doesn’t address the industry’s reliance on synthetic fibers that shed microplastics and are almost impossible to recycle further.

Global Polluters Often Engage in Greenwashing

Over the past decade, fast fashion giants like H&M, Zara, and Shein have touted the use of recycled materials, organic cotton, ethical sourcing, and reduced water usage. Consumer demand drives these trends, and a large percentage of global consumers are willing to pay more for sustainable products, with millennials and Gen Z leading the pack. Brands in turn capitalize on this, building their websites out with eco-friendly rhetoric and using packaging with earthy tones, leaf motifs, and promises of a cleaner planet.

But these promises typically don’t always mean much. The claims are vague and unverified. One of the most deceptive greenwashing tactics is the use of ambiguous language. Terms like "eco-friendly" or "sustainable" lack standardized definitions in the fashion industry, allowing brands to apply them loosely. For instance, a shirt labeled "made with sustainable materials" might only contain 5 percent recycled polyester, with the rest being virgin synthetic material.

The fashion industry is a massive polluter. According to the United Nations, the industry is responsible for as much as 10% of global carbon emissions. The companies consume trillions of liters of fresh water annually and generate millions of tons of textile waste. Synthetic dyes contaminate waterways, and most garments are worn a few times before ending up in a landfill. Greenwashing obscures these truths, allowing brands to profit off consumer confusion while the planet pays the consequences.

Recent Fashion Brands & Greenwashing Lawsuits

• In July 2022, H&M was sued over its "Conscious Collection." The plaintiffs alleged that the collection, marketed as sustainable, contained more synthetic materials than H&M’s regular lines, contradicting its eco-friendly claims. Environmental promotional materials linked to the collection were also found to be inaccurate, with some data misrepresenting the true environmental impact.
• In 2022, a class action lawsuit was filed against Lululemon regarding its "Be Planet" campaign. The suit claimed that the company portrayed itself as environmentally friendly—using images of natural habitats—while its production processes continued to harm the environment.
• Allbirds, known for its "sustainable" wool sneakers, has been called out for understating the environmental impact of its products. In 2022, organizations like PETA criticized the brand’s eco-friendly marketing, pointing to harmful practices in sheep farming for its wool. While this has not escalated to a formal lawsuit, it highlights significant scrutiny and potential legal risks for Allbirds’ sustainability claims.
• Nike’s "Move to Zero" campaign, launched in 2022 to promote sustainability, has been called unrealistic and lacking actionable follow-through. Although Nike has not faced a formal lawsuit over this campaign, the criticism reflects a broader trend of questioning sustainability claims without substantive evidence.

The fashion industry’s greenwashing is a masterclass in deception, hiding unsustainable practices under a feel-good veneer of eco-friendliness. From vague green certifications to unproductive recycling schemes, brands exploit consumer goodwill while perpetuating environmental harm. But as awareness grows, so does the ability for consumers to demand real change.

While the U.S. Federal Trade Commission’s Green Guides aim to penalize misleading marketing, consumer protection attorneys are generally one step ahead of the government. Any individual who has had the experience of being deceived by a fashion company’s marketing campaign may consider taking legal action. Call now for a free consultation and case review.

Why Take Legal Action?

The fashion industry has increasingly embraced marketing language around sustainability, eco-friendliness, and ethical production. From “conscious collections” to “carbon-neutral” claims, brands present themselves as leaders in environmental responsibility. However, many of these claims are misleading or exaggerated—a practice known as greenwashing. Consumers who purchase products based on false sustainability promises may have grounds to take legal action.

Greenwashing not only harms the environment but also violates consumer trust. Misleading sustainability claims may run afoul of federal and state laws, including:

• Consumer Protection Statutes: Most states prohibit deceptive or unfair business practices, which can apply to misleading environmental marketing.
• False Advertising Laws: Companies making unsubstantiated green claims may face regulatory scrutiny or lawsuits for deceptive advertising.
• Federal Trade Commission (FTC) Enforcement: The FTC’s “Green Guides” set standards for environmental marketing claims. Companies that misrepresent the sustainability of their products can face enforcement actions.
• Class Actions: Consumers can band together to sue fashion companies for misrepresenting the environmental impact of their products, seeking damages and reforms.

Greenwashing is not just about false advertising—it’s about consumer harm. Individuals often pay higher prices for “sustainable” clothing because they believe their purchase supports ethical practices. When those claims are untrue, consumers suffer financial loss and are denied the ability to make informed purchasing decisions. Filing a lawsuit or joining a class action can:

• Recover compensation: Consumers may be entitled to financial restitution for overpaying for falsely marketed products.
• Demand transparency: Lawsuits can push companies to disclose accurate information about sourcing, labor practices, and environmental impact.
• Drive industry change: Legal action holds corporations accountable and pressures the fashion industry to adopt truly sustainable practices rather than relying on misleading marketing.