MDL TrackerSales Practices

Procter & Gamble Company "Protect, Grow and Restore"

MDL No. 3157  ·  U.S. District Court for the Southern District of Ohio
MDL No.
3157
Docket Type
Sales Practices
Transferee Judge
Hon. Douglas R. Cole
Centralized
2025-08-07
Actions Pending
7
As Of
2026-09-01
Funding Considerations

This docket consolidates consumer class actions alleging that a major consumer-products manufacturer's "Keep Forests as Forests" and "Protect-Grow-Restore" marketing claims on its tissue-paper products misrepresent the sustainability of the wood pulp sourcing behind the products, allegedly obtained through logging practices in Canadian boreal forest that plaintiffs contend are inconsistent with the manufacturer's stated environmental commitments, in violation of FTC Green Guides standards on environmental marketing claims. Centralized in the Southern District of Ohio in 2025, the docket carries 7 pending actions, an early-stage consumer greenwashing matter.

For a funder, this is a consumer-protection, environmental-marketing false-advertising docket, structurally similar to other consumer-labeling claims but resting on a newer and less-tested legal category: greenwashing claims tied to specific regulatory guidance rather than a well-worn line of prior case law. Damages would be modeled on a price-premium theory across a large purchaser class of a widely sold household product, a potentially sizable class given the product's national retail footprint, but the litigation is still early enough that class-certification prospects and the strength of the underlying Green Guides theory remain largely untested in this specific docket.

Given the early stage, any capital conversation here would center on firm-level litigation cost financing for the motion-practice and early discovery phase, with underwriting appropriately cautious given the limited case-specific track record. Criterica Capital's commercial litigation finance line could apply as the matter develops, though pricing at this stage should reflect the genuine uncertainty of an early-stage greenwashing claim rather than an established damages framework. A structure and litigation brief tracking the docket's development is available.

Frequently Asked Questions
How mature is this docket for underwriting purposes?
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What kind of damages theory would apply if the claims proceed?
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Why is a greenwashing claim harder to underwrite than a typical consumer-labeling claim?
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What should a funder do given the early stage of this docket?
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Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.

Litigation structure and resolution-risk brief on Criterica Intelligence →
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