Apple Watch carbon neutral court ruling sets guardrails for greenwashing litigation

A federal judge has dismissed a proposed class action lawsuit challenging Apple’s carbon‑neutral claims for Apple Watch Series 9, in a case where Environmental Defense Fund (EDF) filed an amicus brief supporting Apple. 

Judge Noël Wise of the United States District Court for the Northern District of California on February 20 granted Apple’s motion to dismiss in  Dib v. Apple, finding that “every layer of Plaintiffs’ allegations about Apple’s sales of Apple Watches are based on unsubstantiated assumptions” and that parties are “not required to defend against claims devoid of plausible support.” Plaintiffs have until March 13 to amend their complaint.    

“In the absence of updated U.S. Federal Trade Commission Green Guides, case law provides important guidance for companies that want to do right by the environment and communicate accurately about their corporate climate strategies.”  

“While some greenwashing litigation rightfully targets misleading claims, responsible companies shouldn’t have to defend against baseless lawsuits that only deter climate action at a time we need it the most.” 

“The court’s ruling establishes guardrails that will matter for greenwashing litigation beyond this case: Generalized critiques and unsupported carbon footprint calculations aren’t enough. Plaintiffs need to supply objective, scientifically credible evidence tied to the specific credits at issue, and must also show why a reasonable consumer would expect a different method of calculation over the body of science provided by credible carbon credit issuing bodies.” 

Holly Pearen, Lead Counsel for Carbon Pricing, Environmental Defense Fund