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Peters & Peters

ESG Enforcement Tracker

Charting the rise of criminal and regulatory enforcement

FTC sues Kohl’s and Walmart for false marketing

Date:
8 April 2022
Relevant legislation/regulation:
Federal Trade Commission Act and Textile Fiber Products Identification Act
Jurisdiction:
United States
Status:
Closed
Regulator/enforcement authority:
US Department of Justice (DOJ) and Federal Trade Commission (FTC)
ESG Category:
Environmental
Defendant(s)/subjects(s):
Kohl’s Inc and Walmart

Key Facts:

The FTC sued retailers Kohl’s, Inc. and Walmart, Inc. for false marketing dozens of rayon textile products as bamboo. The two companies were accused of having falsely marketed textile products as bamboo, whereas the products were in fact made from rayon derived from bamboo.

Further, both companies were also charged with having deceptively claimed that those products were made using eco-friendly manufacturing processes, whereas in fact the manufacturing process of converting bamboo into rayon involved toxic chemicals and the emission of hazardous pollutants.

In court orders dated April 2022 and May 2022, the two retailers were required to cease the deceptive green claims and misleading promotions and pay US$2.5 million and US$3 million in penalties respectively.

Sources: 

FTC case summary and press release

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