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	<title>Comments on: Tuesday with Nicole</title>
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	<link>http://greenlagirl.com/tuesday-with-nicole/</link>
	<description>Urban environmental lifestyle blog in Los Angeles</description>
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		<title>By: lauren</title>
		<link>http://greenlagirl.com/tuesday-with-nicole/comment-page-1/#comment-1251</link>
		<dc:creator>lauren</dc:creator>
		<pubDate>Sun, 15 Jan 2006 03:30:15 +0000</pubDate>
		<guid isPermaLink="false">http://greenlagirl.com/2006/01/10/tuesday-with-nicole/#comment-1251</guid>
		<description>I agree with what has been written about the legal ramifications of the claims that SBX makes about the availability of fair trade coffee in its stores.  While I think that SBX is teetering awfully close to greenwashing, I think that it would be quite difficult to pursue false advertising claims in court.  That said, I completely agree that the fact that SBX checks this blog quite often is pretty good evidence that they are unlikely to withdraw their website claims anytime soon -- they know that there is a community of people who are watching their actions and aren&#039;t going to sit quietly by.  That&#039;s a good thing.  

I do find the shareholder activism comment made by ButterChurn promising.  This is becoming an effective tool in holding corporations accountable.  As Roger mentioned a bunch of comments ago, a while back I posted about the legal requirement that corporations have to consider the best interests of their shareholders in each decision that they make. (See &lt;a href=&quot;http://ardenteden.blogspot.com/2005/12/whats-your-bottom-line.html&quot; rel=&quot;nofollow&quot;&gt;this post and the comments&lt;/a&gt;.)  Courts have interpreted the interests of shareholders in a narrow way to mean profits. That means that companies are legally required to put the maximization of profits above everything else.  Until that legal framework is changed on a state-by-state basis, an effective route to pressure corporations to take other factors - social or environmental - into account in their corporate actions is activism by shareholders.  Essentially, concerned citizens purchase shares of stock so that they become the constituency whose interests corporations are legally required to serve.  Then, those shareholders submit proposals for the corporation to consider at its annual meeting of stockholders. While the proposals often do not garner the requisite votes to pass, publicity is gained if the activist-stockholders can include their proposal in the corporation&#039;s proxy statement circulated in advance of the annual meeting and publicly filed with the SEC.  Even if the proposal doesn&#039;t pass, the PR often helps to make a business case for the corporation to adopt the shareholders&#039; proposal -- at least in some part.</description>
		<content:encoded><![CDATA[<p>I agree with what has been written about the legal ramifications of the claims that SBX makes about the availability of fair trade coffee in its stores.  While I think that SBX is teetering awfully close to greenwashing, I think that it would be quite difficult to pursue false advertising claims in court.  That said, I completely agree that the fact that SBX checks this blog quite often is pretty good evidence that they are unlikely to withdraw their website claims anytime soon &#8212; they know that there is a community of people who are watching their actions and aren&#8217;t going to sit quietly by.  That&#8217;s a good thing.  </p>
<p>I do find the shareholder activism comment made by ButterChurn promising.  This is becoming an effective tool in holding corporations accountable.  As Roger mentioned a bunch of comments ago, a while back I posted about the legal requirement that corporations have to consider the best interests of their shareholders in each decision that they make. (See <a href="http://ardenteden.blogspot.com/2005/12/whats-your-bottom-line.html" rel="nofollow">this post and the comments</a>.)  Courts have interpreted the interests of shareholders in a narrow way to mean profits. That means that companies are legally required to put the maximization of profits above everything else.  Until that legal framework is changed on a state-by-state basis, an effective route to pressure corporations to take other factors &#8211; social or environmental &#8211; into account in their corporate actions is activism by shareholders.  Essentially, concerned citizens purchase shares of stock so that they become the constituency whose interests corporations are legally required to serve.  Then, those shareholders submit proposals for the corporation to consider at its annual meeting of stockholders. While the proposals often do not garner the requisite votes to pass, publicity is gained if the activist-stockholders can include their proposal in the corporation&#8217;s proxy statement circulated in advance of the annual meeting and publicly filed with the SEC.  Even if the proposal doesn&#8217;t pass, the PR often helps to make a business case for the corporation to adopt the shareholders&#8217; proposal &#8212; at least in some part.</p>
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		<title>By: Siel</title>
		<link>http://greenlagirl.com/tuesday-with-nicole/comment-page-1/#comment-1230</link>
		<dc:creator>Siel</dc:creator>
		<pubDate>Fri, 13 Jan 2006 21:13:26 +0000</pubDate>
		<guid isPermaLink="false">http://greenlagirl.com/2006/01/10/tuesday-with-nicole/#comment-1230</guid>
		<description>Well, considering that Starbucks agreed to sell fair trade AFTER the first WTO Seattle protests when a bunch of their stores got trashed, then made the announcement about this new &quot;commitment to fair trade&quot; just three days before the start of a national anti- Starbucks campaign planned by Global Exchange, I am guessing that Starbucks deems it within its interest to not get fair trade activists hopping mad.

So a website pull&#039;s unlikely, IMHO...</description>
		<content:encoded><![CDATA[<p>Well, considering that Starbucks agreed to sell fair trade AFTER the first WTO Seattle protests when a bunch of their stores got trashed, then made the announcement about this new &#8220;commitment to fair trade&#8221; just three days before the start of a national anti- Starbucks campaign planned by Global Exchange, I am guessing that Starbucks deems it within its interest to not get fair trade activists hopping mad.</p>
<p>So a website pull&#8217;s unlikely, IMHO&#8230;</p>
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		<title>By: beev</title>
		<link>http://greenlagirl.com/tuesday-with-nicole/comment-page-1/#comment-1224</link>
		<dc:creator>beev</dc:creator>
		<pubDate>Fri, 13 Jan 2006 06:32:06 +0000</pubDate>
		<guid isPermaLink="false">http://greenlagirl.com/2006/01/10/tuesday-with-nicole/#comment-1224</guid>
		<description>Let&#039;s not forget that Sbx can withdraw their commitment any time they want. It&#039;s is only a web page we&#039;re talking about, right? A web page can be taken down as quickly as it can be put up.

Obviously taking it down would have PR ramifications, but if the expected negative PR of keeping it up was calculated to be be more than that of taking it down, it would be an easy decision to make.</description>
		<content:encoded><![CDATA[<p>Let&#8217;s not forget that Sbx can withdraw their commitment any time they want. It&#8217;s is only a web page we&#8217;re talking about, right? A web page can be taken down as quickly as it can be put up.</p>
<p>Obviously taking it down would have PR ramifications, but if the expected negative PR of keeping it up was calculated to be be more than that of taking it down, it would be an easy decision to make.</p>
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		<title>By: Siel</title>
		<link>http://greenlagirl.com/tuesday-with-nicole/comment-page-1/#comment-1223</link>
		<dc:creator>Siel</dc:creator>
		<pubDate>Fri, 13 Jan 2006 03:52:23 +0000</pubDate>
		<guid isPermaLink="false">http://greenlagirl.com/2006/01/10/tuesday-with-nicole/#comment-1223</guid>
		<description>Good to know, good to know. We&#039;ll have to discuss this further, pending the mid-March challenge...</description>
		<content:encoded><![CDATA[<p>Good to know, good to know. We&#8217;ll have to discuss this further, pending the mid-March challenge&#8230;</p>
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		<title>By: Roger, Gone Green</title>
		<link>http://greenlagirl.com/tuesday-with-nicole/comment-page-1/#comment-1218</link>
		<dc:creator>Roger, Gone Green</dc:creator>
		<pubDate>Fri, 13 Jan 2006 00:58:35 +0000</pubDate>
		<guid isPermaLink="false">http://greenlagirl.com/2006/01/10/tuesday-with-nicole/#comment-1218</guid>
		<description>In general, gaining a competitive advantage by making false claims about your products or services damages everyone.  Advertising such as &quot;the greatest&quot; or the &quot;the coldest&quot; is called &quot;puffery&quot; and is non-actionable.  But specific product specifications that are not true, used to bring a customer in (here, the greener ones) could be a form of &quot;bait and switch&quot; or just generic false advertising.  Depends on the specifics of the law and the specifics of the claim but in general, in California, this is the rule.</description>
		<content:encoded><![CDATA[<p>In general, gaining a competitive advantage by making false claims about your products or services damages everyone.  Advertising such as &#8220;the greatest&#8221; or the &#8220;the coldest&#8221; is called &#8220;puffery&#8221; and is non-actionable.  But specific product specifications that are not true, used to bring a customer in (here, the greener ones) could be a form of &#8220;bait and switch&#8221; or just generic false advertising.  Depends on the specifics of the law and the specifics of the claim but in general, in California, this is the rule.</p>
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		<title>By: NC</title>
		<link>http://greenlagirl.com/tuesday-with-nicole/comment-page-1/#comment-1215</link>
		<dc:creator>NC</dc:creator>
		<pubDate>Thu, 12 Jan 2006 22:31:31 +0000</pubDate>
		<guid isPermaLink="false">http://greenlagirl.com/2006/01/10/tuesday-with-nicole/#comment-1215</guid>
		<description>I thought I heard somewhere that advertising was a kind of &quot;free speech&quot;, and thus not very &quot;actionable&quot; except in some very specific cases.    

That shareholders piece is really interesting, though.  Maybe some folks who really want to take some action on Starbucks ought to buy some stock, and truly take some &quot;ownership&quot; of the problem.</description>
		<content:encoded><![CDATA[<p>I thought I heard somewhere that advertising was a kind of &#8220;free speech&#8221;, and thus not very &#8220;actionable&#8221; except in some very specific cases.    </p>
<p>That shareholders piece is really interesting, though.  Maybe some folks who really want to take some action on Starbucks ought to buy some stock, and truly take some &#8220;ownership&#8221; of the problem.</p>
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		<title>By: ButterChurn</title>
		<link>http://greenlagirl.com/tuesday-with-nicole/comment-page-1/#comment-1208</link>
		<dc:creator>ButterChurn</dc:creator>
		<pubDate>Thu, 12 Jan 2006 04:13:30 +0000</pubDate>
		<guid isPermaLink="false">http://greenlagirl.com/2006/01/10/tuesday-with-nicole/#comment-1208</guid>
		<description>I wonder, though (not being a lawyer) where the unfulfilled advertised promise is actionable.  Consumers bringing suit on grounds of truth in advertising seems sketchy.  The consumer isn&#039;t harmed , per se, by sbux not making FT coffee available.  This is an unfulfilled promise (bad customer relations) as opposed to lying.

Shareholders, on the other hand, may have standing.  Perhaps they invested in the company based on its stated business practices...  It&#039;s hard for me to see where sbux can get legally dinged for the unfulfilled promise.</description>
		<content:encoded><![CDATA[<p>I wonder, though (not being a lawyer) where the unfulfilled advertised promise is actionable.  Consumers bringing suit on grounds of truth in advertising seems sketchy.  The consumer isn&#8217;t harmed , per se, by sbux not making FT coffee available.  This is an unfulfilled promise (bad customer relations) as opposed to lying.</p>
<p>Shareholders, on the other hand, may have standing.  Perhaps they invested in the company based on its stated business practices&#8230;  It&#8217;s hard for me to see where sbux can get legally dinged for the unfulfilled promise.</p>
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		<title>By: Roger, Gone Green</title>
		<link>http://greenlagirl.com/tuesday-with-nicole/comment-page-1/#comment-1207</link>
		<dc:creator>Roger, Gone Green</dc:creator>
		<pubDate>Thu, 12 Jan 2006 02:50:41 +0000</pubDate>
		<guid isPermaLink="false">http://greenlagirl.com/2006/01/10/tuesday-with-nicole/#comment-1207</guid>
		<description>The advertised promises are the key; the rest gets messy, except as verification that they made and failed, on the promises.  This is one reason the 9 month SBX metric was so amusing . . .  But I would not go here for, oh, say eight or nine months.  Say &quot;liability&quot; out loud and suddenly nobody cooperates ever again. Better to work with the corp. getting the line folks up to speed -- esp. since the corp types seem sincere . . .</description>
		<content:encoded><![CDATA[<p>The advertised promises are the key; the rest gets messy, except as verification that they made and failed, on the promises.  This is one reason the 9 month SBX metric was so amusing . . .  But I would not go here for, oh, say eight or nine months.  Say &#8220;liability&#8221; out loud and suddenly nobody cooperates ever again. Better to work with the corp. getting the line folks up to speed &#8212; esp. since the corp types seem sincere . . .</p>
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		<title>By: Siel</title>
		<link>http://greenlagirl.com/tuesday-with-nicole/comment-page-1/#comment-1206</link>
		<dc:creator>Siel</dc:creator>
		<pubDate>Thu, 12 Jan 2006 02:46:24 +0000</pubDate>
		<guid isPermaLink="false">http://greenlagirl.com/2006/01/10/tuesday-with-nicole/#comment-1206</guid>
		<description>Thanks Roger -- I especially found that last HOWEVER part especially interesting. Maybe we can backchannel about the ramifications of Starbucks promises, and the corp&#039;s failure to carry out those promises thus far?</description>
		<content:encoded><![CDATA[<p>Thanks Roger &#8212; I especially found that last HOWEVER part especially interesting. Maybe we can backchannel about the ramifications of Starbucks promises, and the corp&#8217;s failure to carry out those promises thus far?</p>
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		<title>By: Roger, Gone Green</title>
		<link>http://greenlagirl.com/tuesday-with-nicole/comment-page-1/#comment-1205</link>
		<dc:creator>Roger, Gone Green</dc:creator>
		<pubDate>Thu, 12 Jan 2006 02:39:27 +0000</pubDate>
		<guid isPermaLink="false">http://greenlagirl.com/2006/01/10/tuesday-with-nicole/#comment-1205</guid>
		<description>In the end, BAFTDs shareholder &lt;i&gt;resolutions&lt;/i&gt; show the mindset of some of the current shareholders, but could form the basis for a lawsuit by the &lt;i&gt;other&lt;/i&gt; shareholders if not done on the basis of a business case. Sucessful resolutioins, and suits based &lt;i&gt;those&lt;/i&gt; if not ollowed, are based on the idea that poor environmental stewardship is poor financial management because of destruction of good will and opening the corporation to lawsuits. 

 The fact is that the law requires a profit motive for any act a publicly traded corp does.  That is not to say that some have not made the business case, but it is a harder one to make.  A green process that cuts direct costs or lowers lawsuit costs is easy; FT is doable because it generates and sustains good will, an item with accounting value.  Notwithstanding that SOME companies are coming around to green values as bankable, they must be bankable under the current law.  My point was, this affects the corporate mindset -- direct revenue effects tend to have more weight than indirect goodwill effects. 

HOWEVER: The *advertised* promise of Starbucks is something else again -- and if not lived up to, may well be actionable unfair trade practice under California law, at least, and a varient of false advertising.  Promises made and advertised are different than underlying corporate culture.</description>
		<content:encoded><![CDATA[<p>In the end, BAFTDs shareholder <i>resolutions</i> show the mindset of some of the current shareholders, but could form the basis for a lawsuit by the <i>other</i> shareholders if not done on the basis of a business case. Sucessful resolutioins, and suits based <i>those</i> if not ollowed, are based on the idea that poor environmental stewardship is poor financial management because of destruction of good will and opening the corporation to lawsuits. </p>
<p> The fact is that the law requires a profit motive for any act a publicly traded corp does.  That is not to say that some have not made the business case, but it is a harder one to make.  A green process that cuts direct costs or lowers lawsuit costs is easy; FT is doable because it generates and sustains good will, an item with accounting value.  Notwithstanding that SOME companies are coming around to green values as bankable, they must be bankable under the current law.  My point was, this affects the corporate mindset &#8212; direct revenue effects tend to have more weight than indirect goodwill effects. </p>
<p>HOWEVER: The *advertised* promise of Starbucks is something else again &#8212; and if not lived up to, may well be actionable unfair trade practice under California law, at least, and a varient of false advertising.  Promises made and advertised are different than underlying corporate culture.</p>
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