On April 30, 2024, the European Commission and national consumer protection authorities announced that they were taking action against 20 airlines for a number of misleading greenwashing practices.
Through letters sent to these airlines, the Commission and EU consumer protection authorities have identified a number of potentially misleading green claims.
This action follows investigative work by some national authorities into airline claims that CO2 emissions caused by a flight could be offset by climate projects or the use of sustainable fuels, to which consumers could contribute by paying additional charges.
According to the competent national authorities, the practices identified could be considered misleading actions or omissions, prohibited under Articles 5, 6 and 7 of the Unfair Commercial Practices Directive.
The European Commission and the CPC Network have identified several types of potential misleading practices on the part of 20 airlines, such as :
– creating the false impression that paying an additional fee to finance climate change projects with a lower environmental impact, or to support the use of alternative aviation fuels, can reduce or fully offset CO2 emissions;
– use the term “sustainable aviation fuels” (SAF) without clearly justifying the environmental impact of these fuels;
– use the terms “green”, “sustainable” or “responsible” in an absolute manner, or use other implicit environmental claims;
– assert that the airline is moving towards zero net greenhouse gas (GHG) emissions, or towards any future environmental performance, without clear and verifiable commitments, targets and independent monitoring systems;
– provide consumers with a “calculator” to quantify the CO2 emissions of a given flight, without providing sufficient scientific evidence as to the reliability of this calculation, and without giving any information on the elements used for this calculation;
– provide consumers with a comparison of flights in terms of their CO2 emissions, without providing sufficient and precise information on the elements on which the comparison is based.
The companies concerned now have 30 days to provide a response outlining the measures they propose to address concerns arising from their environmental claims for the marketing of their products under EU consumer protection legislation.
These charges are a reminder of the importance of rules concerning the justification and communication of voluntary environmental claims, particularly when a product or service is claimed to have a better ecological impact.
