Tyson Foods sued for “greenwashed” net-zero emissions and “climate-smart” beef claims

19 Sep 2024 --- Tyson Foods is facing a lawsuit from the Environmental Working Group (EWG) for allegedly misleading consumers with “false” marketing after the company claimed its meat production operations will reach net-zero greenhouse gas (GHG) emissions by 2050. 

The advocacy group alleges that the American meat giant says it produces “climate-smart” beef without accurate plans to achieve its climate goals.

The lawsuit, filed in the District of Columbia Superior Court under the District of Columbia Consumer Protection Procedures Act (CPPA), aims to prevent Tyson from continuing to make such marketing claims.

Food Ingredients First has contacted Tyson Foods for its response to the allegations.

Scrutiny on “unsubstantiated claims”

Animal Legal Defense Fund, Earthjustice, Edelson PC and FarmStand represent EWG in the suit. The organizations demand that the meat-producing company retract its statements and be held accountable for “violating” the CPPA.

“Consumers are increasingly making purchasing decisions with their climate footprint in mind. Tyson is exploiting this trend by making outrageous and unsubstantiated claims about its sustainability efforts that simply don’t hold up under scrutiny,” reads a joint statement by participating organizations.

“Our lawsuit aims to hold Tyson accountable for misleading consumers about the true nature of its products and their environmental costs. A court order stopping Tyson’s harmful conduct would represent a turning point in the fight to hold the biggest, most powerful contributors to the climate crisis — across industries — accountable for greenwashing.”

Livestock emissions

According to the UN’s Food and Agricultural Organization (FAO), the livestock industry accounts for 14.5% of GHG emissions. Tyson Foods describes itself as a “protein-focused food company,” producing approximately 20% of the beef, pork and chicken in the US.

The EWG says Tyson’s emissions have exceeded that of Greece and Austria in the past, while its beef operations alone account for 85% of the company’s total emissions.

In 2021, Tyson Foods announced its ambition to achieve net-zero emissions across global operations by 2050, including targeting the elimination of deforestation throughout its supply chains by 2030 and transitioning to 50% renewable energy across domestic facilities by 2030.

That year, the company had 239 facilities and 139,000 employees worldwide and admitted that achieving net zero emissions was “a large undertaking.”

“As the first US-based protein company in the food and beverage sector to have an emissions reduction target approved by the Science Based Targets initiative, we hope to continue to push the industry as a leader and remain committed to making a positive impact on our planet, with our team members, consumers and customers and in the communities we serve,” John R. Tyson, chief sustainability officer at the company, said at the time.

The consumers’ “right to know”

Tyson is the second major meat producer to be taken to court over greenwashing claims this year. Earthjustice highlighted in a press conference that it challenged similar declarations by meat processing company JBS before the Better Business Bureau’s National Programs’ National Advertising Division.

The industry forum noted that JBS’ claim to reach net zero by 2040 was false. The development led to the New York attorney general, Letitia James, suing the Brazilian meat conglomerate for advertising misleading statements without a robust plan.

“These greenwashing claims are on the rise, and consumers have a right to know the truth about their food choices,” says Carrie Apfel, deputy managing attorney of Earthjustice’s Sustainable Food and Farming Program.

“If they’re being fed a lot of false or misleading statements, then they really can’t make an informed decision about where to spend their money,” she adds.

The participating organizations claim that Tyson has “never tried to measure” its full scope or publicly shared a detailed inventory of its GHG emissions.

“There is no indication that Tyson has accurately and fully measured them. There appears to be no plan with any realistic chance of achieving net zero in a little over 25 years. It is spending only a tiny fraction of its revenue trying to solve its problems with its enormous climate emissions, and that’s why we are pursuing this lawsuit today,” says Kelsey Eberly, senior staff attorney at FarmStand.

By Anvisha Manral