Green on Trial: Consumer Perception and the Scrutiny of ESG Claims

Courts are relying increasingly on empirical evidence to evaluate environmental, social, and governance (ESG) marketing claims, making consumer perception a critical issue in litigation. Surveys, experiments, and content analysis help clarify how “reasonable consumers” interpret terms like “recyclable” or “carbon neutral,” but weak methodologies can undermine a case.

Ceren Canal Aruoba argues that effective studies must identify the right audience, avoid bias, and test causality. Automated content analysis can further show the representations that consumers encounter and how these messages shape perceptions over time.

As courts scrutinize these claims, rigorous empirical tools are becoming essential to understand how ESG messaging affects real‑world consumer behavior.

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