Judge dismisses Nike class action over sustainability claims

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Update: 

• A Missouri federal judge dismissed a class action lawsuit claiming Nike greenwashed its products by marketing they were made sustainably despite actually being made with methods that harm the environment. 
• U.S. District Judge Matthew T. Schelp ruled the consumer behind the complaint, which was amended July 2023, failed to explain how she knew Nike’s Sustainability Collection products were not made with recycled or organic materials. 
• The consumer argued less than 10% of clothing from Nike’s Sustainability Collection line is made with organic fibers and recycled materials despite the company advertising the entire line is made with them. 
• Judge Schelp ruled the amended complaint provided only conclusory statements rather than factual allegations, such as specific statements from Nike, that would have allowed him to reasonably infer the company misled customers.

Nike class action lawsuit overview:

• Who: Plaintiff Maria Guadalupe Ellis filed a class action lawsuit against Nike USA Inc. and Nike Retail Services Inc.
• Why: Nike allegedly falsely advertises its “Sustainability Collection” product line as being made from recycled materials.
• Where: The Nike class action lawsuit was filed in Missouri federal court.
• What are my options: Try Champion for alternatives to Nike.

(May 23, 2023)

Nike USA Inc. misleads consumers with its “Sustainability Collection” product line, according to a class action lawsuit accusing the company of greenwashing its clothing.

Plaintiff Maria Guadalupe Ellis says Nike represents its Sustainability Collection products as being made with recycled materials even though less than 10% of its products are actually made from recycled materials.

The Nike class action lawsuit also notes that the methods used to manufacture the Sustainability Collection products result in the items ending up in landfills.

Class action says Nike takes advantage of growing demand for eco-friendly products

Ellis claims Nike is capitalizing on consumers’ growing concern about the impact their purchasing choices have on the environment, and their willingness to pay a premium for green products.

As part of the Nike sustainability effort, the company reportedly implemented a “Move to Zero” approach to reducing its impact on the environment by making products from recycled and recyclable materials.

Nike describes this program as part of “Nike’s journey toward zero carbon and zero waste to help protect the future of sport,” the class action explains.

“The vast majority of the Nike ‘Sustainability’ Collection products are made from plastic-based materials,” the Nike class action lawsuit says. Products made with plastic-based materials are a significant source of microplastic pollution. When plastic-based clothing products are washed and worn, they shed plastic particles that can harm marine life and pose health risks to humans.

Ellis says she purchased Nike “Sustainability Collection” Dri-Fit products based on the company’s representations that they were “sustainable” and “made with recycled fibers” that “reduces waste and our carbon footprint.”

She would not have purchased the products had she known they were not sustainable or environmentally friendly, the Nike class action lawsuit says.

The Nike sustainability class action lawsuit asserts claims for violations of Missouri’s Merchandising Practices Act, unjust enrichment, negligent misrepresentation and fraud.

In 2021, a Brooklyn art collective that modified Nike Air Max 97s into 666 “Satan Shoes” as part of a collaboration with Lil Nas X recalled the shoes as part of a Nike trademark infringement settlement.

Do you think the Nike sustainability claims are misleading? Join the discussion in the comments.

Ellis is represented by Daniel J. Orlowsky of Orlowsky Law LLC and Adam M. Goffstein of Goffstein Law LLC.

The Nike sustainability class action lawsuit is Maria Guadalupe Ellis, et al. v. Nike USA Inc., et al., Case No. 4:23-cv-00632, in the U.S. District Court for the Eastern District of Missouri, Eastern Division.

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