• videocam Live Webinar with Live Q&A
  • calendar_month June 16, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Environmental
  • schedule 90 minutes

Deceptive Recyclability Claims: Risk Mitigation, State Enforcement, Private Litigation

About the Course

Introduction

This CLE webinar will navigate how possibly misleading recyclability claims are increasingly challenged and defended in state enforcement actions and private litigation. The panel of experts will discuss the context within which recyclability claims surface, including messaging that improperly implies recyclability, whether in advertising, labeling, or packaging.

Description

In enforcement actions or private litigation, cases may turn on legal doctrines and standards, including net impression, reasonable-consumer analysis, substantiation, and the difference between “technical recyclability” and real-world recyclability through existing recycling streams.  

The faculty will discuss effective approaches for drafting pleadings, marshalling evidence, using experts, and seeking remedies, including injunctive relief, corrective advertising, restitution, or packaging/labeling changes.

Listen as our panel explores litigation strategy, current and precedential cases, and the increasing trend towards recyclability claim investigation, enforcement, and litigation.

Presented By

Lauren M. Lankenau
Attorney
Beveridge & Diamond PC
Creighton R. Magid
Partner
Dorsey & Whitney LLP

For over 35 years, Mr. Magid's clients have benefitted from his tenacity, creativity, insight, and strategic thinking in handling high-stakes lawsuits. His success in trials across the country also enables him to forge pragmatic solutions to complicated business disputes. Mr. Magid has particular expertise with respect to consumer class action litigation, particularly matters involving claims of “greenwashing” and product labeling; energy litigation; product liability litigation, and commercial litigation. Mr. Magid also works with his clients to reduce their liability risks and to help them navigate the federal regulatory system, particularly in connection with the U.S. Consumer Product Safety Commission. He is the Head of Dorsey’s Washington, DC, office, and is actively involved in the community.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, June 16, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Introduction: recyclability claims litigation

A. Statutory and common legal theories

B. Express and implied representations

II. Liability and defense

A. Net impression, reasonable-consumer analysis

B. Substantiation and distinguishing technical from actual recyclability

C. Threshold issues: materiality, reliance, injury, causation

D. Defense by qualifiers, disclaimers, and puffery

III. Government enforcement, private litigation

A. State attorney general enforcement

B. Private consumer and class actions

C. Recent disputes and enforcement

IV. Litigation: pleadings, motion practice, discovery, experts, and settlement

V. Resolution: injunctive relief, corrective advertising, restitution, product/marketing changes

The panel will explore these and other key areas:

  • How enforcement and private litigation confront possibly deceptive claims under consumer protection, false advertising, and unfair competition laws
  • How courts and state enforcement agencies apply net-impression, reasonable-consumer analysis, substantiation, materiality, and causation principles in recyclability cases
  • What current and precedential cases tell us about avoiding risk and preparing for defense
  • How counsel may pursue remedies: injunctive relief, corrective advertising, restitution, and product/packaging changes