ClientEarth’s Post

NEW: The groups that successfully sued Dutch airline KLM in a landmark 'climate-washing' case are now warning other airlines that their environmental sustainability claims - promoting "sustainable aviation fuel", carbon offsetting, and unsubstantiated net zero commitments - could also likely be unlawful. “Airlines continuing to promote these misleading messages do so in breach of the law," said ClientEarth lawyer Johnny White. "The Dutch ruling set clear red lines for the aviation sector’s climate advertising. Failing to abide by them exposes airlines to legal action from a range of actors, from civil society, to consumers, regulators and even competitors.” In March the District Court of Amsterdam ruled that KLM's green advertising claims were in breach of the EU Unfair Commercial Practices Directive. The court found the airline’s claims around reducing the climate impact of aviation through use of offsetting products like sustainable aviation fuels (SAF) or through carbon offset programs like reforestation were misleading. KLM's claims around its aims to achieve net-zero emissions were also found to be misleading. The new warning letter was sent to 71 airlines operating out of the Dutch Schiphol airport, including prominent carriers like Delta, British Airways, Lufthansa, Ryanair, Qatar Airways, and American Airlines. https://lnkd.in/eiGYE-s5

Just another case of #greenwashing or a bit more than that? 🤔 ClientEarth announced its participation in a legal action against KLM Royal Dutch Airlines, marking a significant win against #greenwashing. The District Court of #Amsterdam ruled KLM's #sustainability advertising as unlawful, setting a precedent in the #aviation industry. This judgment underscores the importance of transparent and truthful environmental commitments, urging industries to align their practices with genuine climate goals. The case highlights the urgent need for #decarbonization and fair competition among companies genuinely addressing the climate crisis. Read more about this landmark decision, https://lnkd.in/gsFNc9Fp

Noren.AI is here to avoid this⬇ We find your board's blind spots arising from managerial misalignment. What does this mean in practice? See an example below regarding #greenwashing The ruling found that #KLM's claim it was 'tackling climate change was incompatible with its commitment to growth in the #aviation industry'. While the judgment does not carry a financial punishment, it's a PR crisis. How was the board to know? Noren.AI gives boards assurance on this. Our academically-validated AI engine validates that your firm's objectives, mission and values flow through the #governance structure into day-to-day #leadership decisions (like publishing a potentially misleading 'sustainability' report going against your financial objectives). Would you like Noren.AI to check your corporate alignment? We're looking for large firms interested in testing our AI engine and helping us develop our product. Get in touch: https://lnkd.in/e9crzNAM

💥 Last month, the Dutch airline KLM was found guilty of misleading its customers in the first-ever greenwashing lawsuit against an airline! In a short article below, Thomas van der Wijngaart, Wynne Lawrence, Gabriella Mifsud and I draw some important conclusions for the aviation industry from this judgment. #offsetting #greenwashing #climaterisk #climatelitigation #greenclaims #ESG #aviation #KLM Fossielvrij NL https://lnkd.in/drYpd2g6

The district court of Amsterdam's recent ruling against a Dutch airline for misleading green claims underscores the critical importance of factually correct and non-deceptive environmental advertising. This landmark decision establishes a benchmark for airlines looking to promote their environmental and/or sustainable efforts and initiatives within the EU. With greenwashing now a significant concern for EU policymakers, the outcome of this case serves as a stark reminder that companies need to ensure that their sustainability statements are factually correct and should not create a wrong impression. 🔗 For a deeper dive into the implications of this judgment and the evolving legal landscape surrounding green claims, read our latest blog post below. #Greenwashing #Sustainability #Aviation #EnvironmentalClaims

A district court in Amsterdam has ruled in the case against KLM for several claims and advertising campaigns promoting their sustainability work. A key challenge is the use of the word "sustainable" and particular the use of "Sustainable aviation Fuel, SAF". SAF is used by regulators in various plans & regulations, among them ReFuelEU. So where does one draw the line on what's greenwashing and not when using a term even regulators have adopted? In my view the key when promoting sustainability measures is to be open and frank about the actual impacts of the measures, including their shortcomings. The use of SAF is not a single fix to emissions and environmental impact from aviation, but it's one tool in the toolbox. I hope that the ruling wont deter airlines and suppliers from continuing the work to reduce emissions by use of SAF (with the correct qualities), but at the same time use language, facts and statements that support transparency.

🆕 It is time for an update from the world of ❌greenwashing litigation ❌: 📌 In the Netherlands, KLM’s sustainability campaign was found to amount to greenwashing in the first greenwashing case in the aviation industry. 💡The case provides many important takeaways including the first authoritative judgment on the judicial treatment of carbon offsets. We are told that reliance on Sustainable Aviation Fuel or reforestation projects cannot directly compensate for flight emissions. 📌 In the EU, national consumer protection authorities are taking legal action against 20 airlines for their allegedly misleading reliance on offsetting and Sustainable Aviation Fuel in consumer marketing.  💡Following the KLM case decided last month, this EU-wide enforcement action, publicised only yesterday, gives a clear indication of upcoming trends in climate litigation in Europe. Airlines are the first hard-to-decarbonise industry to be targeted but many others are likely to follow.   📌 In Denmark, in a surprising turn of events in the greenwashing case against pork producer Danish Crown, the company admitted to greenwashing in relation to both slogans used in its advertising - ‘climate-controlled’ pork and ‘Danish pork is more climate-friendly than you think’. 💡Danish Crown’s decision not to proceed with its appeal before the Danish Supreme Court demonstrates the difficulty in defending greenwashing claims and the importance of taking appropriate legal advice before making any sustainability claims in consumer-facing marketing campaigns.  👇 See my comments for more resources about these cases👇 #greenwashing #climaterisk #climatelitigation #greenclaims #ESG #KLM BEUC - The European Consumer Organisation Fossielvrij NL Fossilfree advertising ClientEarth climate movement co. Dansk Vegetarisk Forening (DVF) - Vegetarian Society of Denmark

There seems to be a disconnect between the information given to consumers and how much can actually be done, in terms of offsetting especially. It’s unclear (but worrying nevertheless) how that affects global perspectives on sustainability in aviation. With new mandates coming in to mitigate greenwashing and its effects, it’s evident that airlines need to vastly improve their transparency.

Is your next flight really green? The aviation industry is under fire for greenwashing – making misleading claims about their environmental impact. As more travelers seek eco-friendly flights, some airlines are exaggerating their sustainability efforts, risking legal trouble and consumer trust. From carbon offset fees to unverified “net zero” promises, find out in our latest article by Lucy Lovelock and our Global Head of Aviation, Harry Snook why regulators are cracking down and what it means for your next trip. #oraclesolicitors #legaladvice #legalservices #aviationindustry #aviationlaw #greenwashing #netzero #sustainability

EU Launches Greenwashing Action Against Airlines Over Emissions Offsetting Claims ✈️ The European Commission (EU) is taking action against airlines for making false and misleading claims about their environmental sustainability. This crackdown follows a complaint filed by the European Consumer Organisation (BEUC) last year. Key Points: ✈️ Airlines are accused of creating the impression that flying is sustainable through practices like: ◆ Suggesting "green fees" offset CO2 emissions completely. ◆ Vaguely using terms like "sustainable aviation fuel" without clear environmental impact details. ◆ Making absolute claims of being "green" or "sustainable" without proof. ◆ Promising net-zero emissions without clear plans or independent monitoring. ◆ Using unreliable emission calculators and misleading flight CO2 emission comparisons. This action follows a series of EU initiatives aimed at curbing greenwashing including: ◆ Updating consumer protection directives to address greenwashing in advertising. ◆ Implementing the "Directive on Green Claims" enforcing standards for verifiable environmental claims. Overall Impact ✨: This move signifies the EU's commitment to holding companies accountable for greenwashing. Consumers will be better protected from false advertising and airlines will be required to be more transparent about their environmental impact. #StopGreenwashing #GreenwashingAlert #SustainableFuture #EcoFriendly #EUGreenDeal