Environmental Trends in Consumer Protection Litigation: From Pollution to Premium

As environmental concerns increasingly intersect with consumer protection laws, class action lawsuits are surging across the United States.

Ceren Canal Aruoba, Dr. Robin Cantor, Dr. Kristina Shampanier, and Dr. Gina Waterfield examine an evolving legal landscape where companies face growing scrutiny over misleading environmental claims, undisclosed pollutants like PFAS (“forever chemicals”) and microplastics, and real-world treatment of recyclable materials.

The authors discuss how plaintiffs in class action lawsuits leverage the “price premium” theory, arguing economic harm from deceptive marketing rather than physical injury; and how courts have shown mixed responses, often requiring plaintiffs to demonstrate a direct link between misleading claims and consumer purchasing decisions.

The authors also review methodological challenges of quantifying economic damages in these cases and argue that litigation around PFAS, microplastics, and recycling claims will intensify, urging companies to prepare for heightened accountability in marketing and product safety.

This chapter was published in International Comparative Legal Guides’ (ICLG) Class and Group Actions Laws and Regulations 2026.