Civil Liability For Greenwashing In Corporate Marketing

Abstract

This article examines the configuration of civil liability arising from greenwashing in corporate marketing. The research problem is the information asymmetry created by misleading environmental communications and its effect on contractual good faith and consumer purchasing decisions. Using a qualitative, descriptive-analytical approach grounded in the doctrinal-legal method and comparative analysis, the study reviews specialized literature and consumer-protection regulation in the European Union and Latin America. The findings show that greenwashing is not limited to an administrative infringement: it generates civil liability for the breach of consumers' legitimate expectations regarding product sustainability. The study concludes that strengthening the criteria for attributing liability — including reversing the burden of proof — is necessary to make compensatory protection effective in green markets.