NY General Business Law (GBL) Sect. 349. Deceptive Acts and Practices Unlawful.
Summary
GBL § 349 broadly prohibits "[d]eceptive acts or practices in the conduct of any business, trade or commerce." Greenwashing falls under this prohibition because it involves misleading consumers about a product's environmental benefits. GBL § 350 prohibits false advertising "in the conduct of any business, trade or commerce or in the furnishing of any service" in New York. For a greenwashing claim to be successful under both § 349 and § 350 it must be found that a reasonable consumer would have considered the environmental claim misleading. Courts also look to the FTC's Green Guides as a factor in assessing whether an environmental claim is misleading. The statutory damages under both allow for minimum damages of $50 or $500 per violation.
Impacted Sectors
Additional Information
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