The City’s greenwashing claims against oil companies fail: comparative product statements were not deceptive

Holding The court affirmed the dismissal of the City’s claims, holding that the alleged product greenwashing statements were not deceptive because they were comparative and the public is already aware that fossil fuels contribute to climate change. Additionally, the corporate greenwashing claims failed because the statements were not made in connection with the sale or offering for sale of consumer goods or services, which is required under the City’s Consumer Protection Law.

Why it matters

The decision provides a significant legal precedent for ‘greenwashing’ litigation in New York, specifically distinguishing between product-level claims and corporate-level claims under the City’s Consumer Protection Law.

It establishes that comparative environmental claims about fossil fuel products are not deceptive if the underlying environmental impact of the product category is already widely known to the public.

The court’s words

The City cannot have it both ways by, on one hand, asserting that consumers are aware of and commercially sensitive to the fact that fossil fuels cause climate change

2026 NY Slip Op 05851, at the official text

all of the product statements attacked by the City make plain that the advertised products are gasolines and claim only that the use of these improved gasoline products has the potential to produce fewer carbon emissions

2026 NY Slip Op 05851, at the official text