---
title: "SDNY Reverses Its Position On \"Carbon Neutral\" Lawsuit"
date: 2024-11-29T00:00:00-05:00
author: "mhenry@kelleydrye.com"
canonical_url: "https://www.kelleydrye.com/viewpoints/podcasts/ad-law-access/sdny-reverses-its-position-on-carbon-neutral-lawsuit"
section: Podcast Episodes
---
# SDNY Reverses Its Position On ​“Carbon Neutral” Lawsuit

  November 29, 2024 | 5 min

 

 

 

 

 

 

 [Kelley Drye Ad Law Access Podcast](https://soundcloud.com/adlawaccess "Kelley Drye Ad Law Access Podcast") · [SDNY Reverses Its Position On "Carbon Neutral" Lawsuit](https://soundcloud.com/adlawaccess/sdny-reverses-its-position-on-carbon-neutral-lawsuit "SDNY Reverses Its Position On "Carbon Neutral" Lawsuit")

 [Apple](https://podcasts.apple.com/us/podcast/sdny-reverses-its-position-on-carbon-neutral-lawsuit/id1457734764?i=1000678638479) [SoundCloud](https://soundcloud.com/adlawaccess/sdny-reverses-its-position-on-carbon-neutral-lawsuit?si=1cc657967a464def88525c60c0633718&utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing) [Spotify](https://open.spotify.com/episode/3tDMmk0GBgUJRy4F51xKdp?si=ksGw3VawRv6U30xpABCuAw) 

 

In January, we reported that a judge in the Southern District of New York refused to dismiss a class action alleging that ​“carbon neutral” claims on bottles of Evian water were misleading. The judge determined that the term ​“carbon neutral” was ​“unfamiliar to and easily misunderstood” by reasonable consumers and that Danone Waters’ attempts to qualify the term with information on its website were insufficient. In a surprising turn of events, the Court reversed its position last week. Here are some highlights.

[www.kelleydrye.com/viewpoints/blog…neutral-lawsuit](https://gate.sc/?url=https%3A%2F%2Fwww.kelleydrye.com%2Fviewpoints%2Fblogs%2Fad-law-access%2Fsdny-reverses-its-position-on-carbon-neutral-lawsuit&token=88dd81-1-1736285847146 "https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/sdny-reverses-its-position-on-carbon-neutral-lawsuit")

 

 

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