In this special edition of Weil’s Class Action Monitor, we discuss a recent decision that illustrates the litigation risks associated with marketing related to Environmental, Social and Governance (ESG) initiatives and commitments on product labels. In this case, Walker v. Nestlé USA, a court in the Southern District of California denied the defendant’s motion to dismiss a putative class action targeting statements the company made about a corporate initiative focusing on enhancing sustainability in its supply chain.

In this alert, we briefly address the court’s decision, and provide key takeaways for companies to consider when integrating ESG-related claims in product labels and advertising.

Please read the alert here.