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SEC Brings Recyclability-Related Disclosure Greenwashing Charges

By Randi Morrison posted 09-24-2024 12:15 AM

  

The SEC charged Keurig Dr. Pepper with violating Section 13(a) of the Exchange Act and Rule 13a-1, which require (among other things) the filing of complete and accurate reports with the SEC, based on statements made in certain of its Form 10-Ks regarding the recyclability of its K-cup coffee pods that the SEC deemed incomplete and inaccurate based on the company’s failure to disclosure negative feedback from recycling companies regarding the commercial feasibility of pod recycling. In addition to questioning the materiality of the company’s recyclability-related statements, SEC Commissioner Peirce’s dissent addresses the Commission’s alleged misinterpretation of the company’s statements and associated adverse implications for issuers if the SEC were to apply the same or similar logic to other disclosures.

See these posts from Weil and Cooley.

                    This content first appeared in the Society Alert!

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