JBS USA Misled Consumers and Claimed That the Company Would Achieve Net Zero Greenhouse Gas Emissions by 2040JBS Greenwashed Environmental Harms and Targeted Consumers with Fake Sustainability Claims to Boost SalesNew York Attorney General Letitia James today filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (JBS USA), the American subsidiary of the world’s largest producer of beef products, for misleading the public about its environmental impact. JBS USA has claimed that it will achieve net zero greenhouse gas emissions by 2040, despite documented plans to increase production, and therefore increase its carbon footprint.
Beef production emits the most greenhouse gasses of any major food commodity, and animal agriculture accounts for 14.5 percent of annual global greenhouse gas emissions. In 2021, the JBS Group, JBS USA’s global parent company, reported total global greenhouse gas emissions of over 71 million tons, more than the total emissions of some countries. Attorney General James seeks to stop JBS USA from continuing these false and misleading marketing practices, pay disgorgement of all ill-gotten profits, and penalties.
“As families continue to face the daily impacts of the climate crisis, they are willing to spend more of their hard-earned money on products from brands that are better for the environment,” said Attorney General James. “When companies falsely advertise their commitment to sustainability, they are misleading consumers and endangering our planet. JBS USA’s greenwashing exploits the pocketbooks of everyday Americans and the promise of a healthy planet for future generations. My office will always ensure that companies do not abuse the environment and the trust of hardworking consumers for profit.”
When greenhouse gases such as carbon dioxide and methane are emitted into the earth’s atmosphere, they trap the heat from the sun, resulting in global warming and climate change. Beef production contributes significantly to global climate change and is the top driver of deforestation in the world’s tropical forests, more than double that of soy, palm oil, and wood production combined.
JBS USA has made several misleading claims about its environmental impact, including pledges to curb deforestation and reduce its greenhouse gas emissions. At a 2015 industry presentation, a JBS USA executive said it was important for beef producers to convey to consumers that they were lowering their environmental impact to maintain their share of the food market. Since then, JBS Group and JBS USA have continued to make claims about the sustainability of beef products. For example, in April 2021, the company ran a full-page advertisement in the New York Times that featured the “net zero” claim. As recently as September 2023, the JBS Group CEO told the audience at a Climate Week event in New York City that the company “pledged to be Net Zero in 2040.” As of February 2024, the company’s website still boasts that claim.
Consumers worldwide are increasingly concerned about their impact on the environment and put greater trust in companies and brands that pledge to be sustainable or climate conscious. Recent studies have shown that people are influenced by a company’s environmental reputation and are willing to change their habits to switch to more environmentally friendly products: more than two-thirds of American adults are willing to pay more for sustainable products. JBS Group and JBS USA have used greenwashing and misleading statements to capitalize on consumers’ increasing desire to make environmentally friendly choices, claiming:
- “Agriculture can be part of the climate solution. Bacon, chicken wings, and steak with net zero emissions. It’s possible.”
- “We will cut our own emissions by 30% in 2030 and eliminate Amazon deforestation from our supply chain within five years.”
- “JBS will achieve net zero greenhouse gas emissions, reducing its direct and indirect emissions and offsetting all residual emissions.”
JBS Group and JBS USA repeatedly misled consumers with these claims while the company’s executives told their industry peers that they needed to use messaging targeted to climate-conscious consumers in order to remain competitive. In reality, when making these promises, JBS Group and JBS USA had not calculated the company’s total greenhouse gas emissions, and therefore had no way of knowing whether they could successfully reduce those emissions to net zero by 2040.
JBS USA continued to make these false claims despite receiving a warning from the Better Business Bureau’s National Advertising Division (NAD), which determined that the company’s evidence did not support the net zero claims it was making to consumers. The NAD recommended that JBS USA stop making these net zero claims in its advertising. This recommendation was affirmed by the National Advertising Review Board.
Further, the JBS Group’s greenhouse gas emissions calculations have not accounted for emissions resulting from deforestation in the Amazon. The company’s “net zero” commitment is not feasible given the current scope of the JBS Group’s business operations and its plans to significantly increase beef production.
These actions constitute deceptive business practices and false advertising in violation of sections 349 and 350 of the General Business Law. JBS USA’s insistence on continuing to tout “Net Zero by 2040” despite knowing the claim was fraudulent also constitutes a violation of Executive Law 63(12).
With this lawsuit, Attorney General James is asking the court to require JBS USA to cease its “Net Zero by 2040” advertising campaign, conduct a third-party audit of its compliance with New York’s consumer protection statutes, and pay disgorgement of all ill-gotten gains earned by misleading the public about their business practices as well as penalties of at least $5,000 per violation. The total number of violations will be determined at trial.
New York Attorney General Letitia James today filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (JBS USA), the American subsidiary of the world’s largest producer of beef products, for misleading the public about its environmental impact. JBS USA has claimed that it will achieve net zero greenhouse gas emissions by 2040, despite documented plans to increase production, and therefore increase its carbon footprint.
Beef production emits the most greenhouse gasses of any major food commodity, and animal agriculture accounts for 14.5 percent of annual global greenhouse gas emissions. In 2021, the JBS Group, JBS USA’s global parent company, reported total global greenhouse gas emissions of over 71 million tons, more than the total emissions of some countries. Attorney General James seeks to stop JBS USA from continuing these false and misleading marketing practices, pay disgorgement of all ill-gotten profits, and penalties.
“As families continue to face the daily impacts of the climate crisis, they are willing to spend more of their hard-earned money on products from brands that are better for the environment,” said Attorney General James. “When companies falsely advertise their commitment to sustainability, they are misleading consumers and endangering our planet. JBS USA’s greenwashing exploits the pocketbooks of everyday Americans and the promise of a healthy planet for future generations. My office will always ensure that companies do not abuse the environment and the trust of hardworking consumers for profit.”
When greenhouse gases such as carbon dioxide and methane are emitted into the earth’s atmosphere, they trap the heat from the sun, resulting in global warming and climate change. Beef production contributes significantly to global climate change and is the top driver of deforestation in the world’s tropical forests, more than double that of soy, palm oil, and wood production combined.
JBS USA has made several misleading claims about its environmental impact, including pledges to curb deforestation and reduce its greenhouse gas emissions. At a 2015 industry presentation, a JBS USA executive said it was important for beef producers to convey to consumers that they were lowering their environmental impact to maintain their share of the food market. Since then, JBS Group and JBS USA have continued to make claims about the sustainability of beef products. For example, in April 2021, the company ran a full-page advertisement in the New York Times that featured the “net zero” claim. As recently as September 2023, the JBS Group CEO told the audience at a Climate Week event in New York City that the company “pledged to be Net Zero in 2040.” As of February 2024, the company’s website still boasts that claim.
Consumers worldwide are increasingly concerned about their impact on the environment and put greater trust in companies and brands that pledge to be sustainable or climate conscious. Recent studies have shown that people are influenced by a company’s environmental reputation and are willing to change their habits to switch to more environmentally friendly products: more than two-thirds of American adults are willing to pay more for sustainable products. JBS Group and JBS USA have used greenwashing and misleading statements to capitalize on consumers’ increasing desire to make environmentally friendly choices, claiming:
- “Agriculture can be part of the climate solution. Bacon, chicken wings, and steak with net zero emissions. It’s possible.”
- “We will cut our own emissions by 30% in 2030 and eliminate Amazon deforestation from our supply chain within five years.”
- “JBS will achieve net zero greenhouse gas emissions, reducing its direct and indirect emissions and offsetting all residual emissions.”
JBS Group and JBS USA repeatedly misled consumers with these claims while the company’s executives told their industry peers that they needed to use messaging targeted to climate-conscious consumers in order to remain competitive. In reality, when making these promises, JBS Group and JBS USA had not calculated the company’s total greenhouse gas emissions, and therefore had no way of knowing whether they could successfully reduce those emissions to net zero by 2040.
JBS USA continued to make these false claims despite receiving a warning from the Better Business Bureau’s National Advertising Division (NAD), which determined that the company’s evidence did not support the net zero claims it was making to consumers. The NAD recommended that JBS USA stop making these net zero claims in its advertising. This recommendation was affirmed by the National Advertising Review Board.
Further, the JBS Group’s greenhouse gas emissions calculations have not accounted for emissions resulting from deforestation in the Amazon. The company’s “net zero” commitment is not feasible given the current scope of the JBS Group’s business operations and its plans to significantly increase beef production.
These actions constitute deceptive business practices and false advertising in violation of sections 349 and 350 of the General Business Law. JBS USA’s insistence on continuing to tout “Net Zero by 2040” despite knowing the claim was fraudulent also constitutes a violation of Executive Law 63(12).
With this lawsuit, Attorney General James is asking the court to require JBS USA to cease its “Net Zero by 2040” advertising campaign, conduct a third-party audit of its compliance with New York’s consumer protection statutes, and pay disgorgement of all ill-gotten gains earned by misleading the public about their business practices as well as penalties of at least $5,000 per violation. The total number of violations will be determined at trial.
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