Search for:
ESG

Greenwashing in Latin America

By , , , , , , , , , and 2 Mins Read

A Practical Guide for CG&R Companies

The rise of conscious consumerism has led to consumers actively seeking out sustainable, environmentally friendly and ethically produced goods. In response to this growing demand, many consumer goods and retail (CG&R) companies have embraced sustainability and green credentials as a marketing tool, but is this greenwashing? Baker McKenzie produced this guide to outline the legal landscape, regulations and key actions CG&R companies can take to mitigate the risks associated with greenwashing claims in Latin America.

The guide covers the following jurisdictions: Argentina, Brazil,* Chile, Colombia, Mexico, Peru and Venezuela.

Guide overview

This guide covers the following:

  • Greenwashing legal landscape and impact on Latin America
  • Greenwashing bills of law
  • How to mitigate the risks of greenwashing claims
  • Five steps toward authenticity

How we can help

Below are a number of ESG topics our lawyers can speak to you about, all of which can be customized based on your business needs and localized for your key markets and regions:

Sustainability/ESG strategy • ESG M&A/energy transition investments • The “washings” • ESG and the modern workforce • Carbon markets and climate-related commitments • Building a more sustainable supply chain • Packaging and takeback requirements in Latin America

Arrange a meeting

Baker McKenzie and Trench Rossi Watanabe* are trusted advisors to many of the largest CG&R companies in Latin America.

If you would like to meet with our team of specialists in Latin America, please contact Renata Amaral and Gabriela Diaz.


Greenwashing Guide cover

DOWNLOAD GUIDE

*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law

Categories:
Author

Roberto Grané is a transactional and regulatory partner in Baker McKenzie’s Buenos Aires office. He has been recognized as a leading practitioner by Chambers Latin America. Clients benefit from his more than 20 years of extensive domestic and international experience. Prior to joining Baker McKenzie, Roberto served as in-house counsel to one of the major telecommunications companies in Argentina, and a law clerk with the Civil Courts of Buenos Aires. He is a professor of contract law at the Buenos Aires University and a visiting professor in several local universities.

Author

Santiago Maqueda focuses his practice on regulatory assessment and complex litigation and arbitration, especially for clients in public contracting and the pharmaceutical, energy and telecommunications industries. He regularly provides clients with preventative advice on contracts with government entities, partners and suppliers; continuously monitors during contract management to mitigate risks and liabilities; analyzes the best ways to comply with or challenge, as appropriate, applicable regulations; and prepares and implements robust, complex litigation or arbitration strategies.
Santiago joined Baker McKenzie in 2015 as a Senior Associate, having previously worked for the National Chamber of Appeals on Federal Administrative Matters and as a foreign attorney at King & Spalding. He was named partner in 2021.
As an extension of his practice, Santiago has published three books and more than 35 book chapters and articles related to his areas of specialization. He is also a professor of constitutional law, administrative law, and economic law analysis at Austral University Law School.

Author

Diego Ferrada has 20 years of experience working on mergers and acquisitions, including stock and asset transactions, as well as project finance transactions. He was admitted to the New York State Bar in 2007, and subsequently became a member of the New York Bar Association and the American Bar Association. Diego also studied Competition Law & Policy at the London School of Economics.

Author

Maria Cecilia Reyes is an associate in Baker McKenzie Colombia’s Labor and Immigration practice. She is involved in social security and immigration matters, and focuses on pension issues, expatriates, compensation and benefits, and negotiations. Ms. Reyes joined the Firm in 2005 as a student in the Labor Practice Group.

Author

Camila Jiménez Lara is a senior lawyer and leader of the environmental law practice area at Baker McKenzie in Bogotá, Colombia, with a Master's degree in Environmental and Energy Law from the Catholic University of Leuven (Belgium) and more than 10 years of experience in the natural resources sector. Camila complements her practice with commercial law matters, assisting in the structuring, preparation and negotiation of commercial contracts.
Camila has participated in the structuring and preparation of environmental due diligence processes, project finance processes for carbon credits, environmental legal audits, accompaniment in environmental liability cases and environmental administrative processes, as well as in socialization and prior consultation processes.
Camila participated on behalf of Baker McKenzie in the first panel on Article 6 of the Paris Agreement in Bogotá, organized by IETA - International Emissions Trading Association, ALLCOT and the Ministry of Environment and Sustainable Development. Among the most representative pro bono cases handled by Baker McKenzie is the analysis of the implementation of the Escazú Agreement in Colombia, promoted by the Cyrus R. Vance Center for International Justice, in which Camila played a leading role for Colombia.
Camila was recognized by The Legal 500 Latin America 2021 and 2022 in the 'Rising Stars' category. Likewise, Baker McKenzie's environmental team was ranked in Band 3 of Legal 500 Latin America 2022: Colombia.

Author

Raymundo Enriquez is currently the managing partner of the Mexico offices and the lead partner of Baker McKenzie's Antitrust Practice Group in Mexico City. He was a member of the Firm’s Executive Committee and a previous chairman of the Latin America Regional Council where he also served as the Latin America chair of the Global Diversity and Regional Pro Bono Committees. Mr. Enriquez is recognized as a leading lawyer for competition / antitrust and for business by Chambers Latin America. He served as a board member for several Mexico companies. In addition, he was a visiting lecturer at the Mexican Bar Association and a part-time tax and foreign trade law professor at Universidad Iberoamericana, where he obtained his JD from the university’s School of Law.

Author

Federico has been practicing law since 1988, and currently chairs the environmental and climate law practice in Mexico. He specializes in providing advice to clients to comply with legal requirements in the area of environmental impact, air emissions, water and wastewater, hazardous and non-hazardous waste and occupational health and safety. His practice also includes emissions trading, REDD+ projects and administrative and civil litigation. Chambers and Partners as well as The Legal 500 consider Federico one of the top environmental attorneys in Mexico.

Author

Jesús Dávila joined Baker McKenzie in 2002 and became partner in 2009. He is recognized as a leading lawyer in Venezuela by Chambers Latin America and IFLR1000. Jesus advises domestic and multinational companies on the full scope of corporate transactions, including mergers, acquisitions, takeovers, joint ventures and a variety of other corporate work. He has a strong track record providing insightful advice to companies on matters of antitrust, foreign investment and technology transfer, IT/Communications, and trade and commerce. Jesus has been a professor in various renowned universities in Venezuela.
Baker McKenzie and Trench Rossi Watanabe have executed a strategic cooperation agreement for consulting on foreign law.

Author

Nicole Freire is an experienced lawyer specializing in environmental, climate change and ESG matters. With over a decade of expertise, she has provided valuable counsel to both local and international companies in various sectors such as mining, hydrocarbons, electricity, and industrial and commercial fields. Nicole is well-versed in navigating the complexities of ongoing business development, administrative sanction proceedings, carbon markets and formulating strategic plans to secure environmental permits. Nicole has been recognized by The Legal 500 in its 2023 edition for Latin America, where she was honored as a "Rising Star" in Environmental Law.

Author

Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. She is the head of the firm’s Climate Change, Environmental Law and Sustainability group in Brazil, and the leader of Ablfs McKfnzif’s global climate change group in Latin America. Is also the coordinator of the sustainability initiatives conducted by the office’s B-Green Committee. Renata assists the major players in the Brazilian market in Nature-bases Solution (NbS) projects, transaction of carbon credits, implementation of decarbonization strategies and carbon-related advocacy and regulatory matters. Renata leads several of the largest environmental and regularization cases in the country. She has extensive experience in sustainability matters, as well as in managing crises and negotiating with stakeholders. Advises on negotiating with authorities; judicial and administrative litigation; reviewing environmental aspects of institutions and financial operations; drafting environmental provisions in contracts and other commercial operations. Renata has extensive experience in dealing with environmental management, legal auditing and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits and acting in transactions related to various aspects of the energy transition.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Alexandre Salomão Jabra joined the firm in 2010. He integrates the environmental, consumer and sustainability practice group, with focus on consultancies, administrative procedures lawsuits and negotiations. In the environmental area, Alexandre has a wide breadth of experience in cases involving contamination, environmental and urbanistic licensing procedures, environmental liability, management of solid wastes and take-back requirements, effluents, electromagnet pollution, air emissions, forestry matters, protected areas and minorities, biodiversity, controlled chemicals products, socio and environmental liability of financial institutions, climate change, carbon markets and urbanistic regularization. In the consumer area, Alexandre has experience with consultations, administrative and judicial procedures related to Consumer Law issues with federal, state and municipal agencies, such as DPDC, PROCONs, Public Prosecutors and Municipalities involving recall, offers, data protection, misleading and abusive advertising, privacy, e-commerce, abusive clauses, commercial practices, terms and conditions and violations to the Brazilian Consumer Defense Code. Alexandre represents several clients in the oil&gas, automotive, chemicals, technology, food, communications, mining, finance and services sectors.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Related Posts

Write A Comment