Airlines' Green Claims Brought Back To Earth By The EU

Among other things, the EU's Unfair Commercial Practices Directive prohibits misleading actions and omissions. The European Commission's Guidance Notice on the interpretation and application of the UCPD discusses which environmental claims can be considered misleading.

In June 2023, the European Consumer Organisation (BEUC) highlighted misleading environmental claims by 17 European airlines. In 2024, the European Commission and the CPC Network started investigating.

Probably timed to coincide with the COP30 meeting, the European Commission has now announced that 21 airlines have agreed to make the following changes in response to various complaints:

• Clarifying that the CO₂ emissions of a specific flight cannot be neutralised, offset, or directly reduced by contributions to climate protection projects or alternative aviation fuels;
• Using the term 'sustainable aviation fuels' (often referred to by the acronym 'SAF') only with appropriate clarifications to substantiate it;
• Refraining from using vague green language or terminology, or any implicit environmental claims;
• Providing more information on claims about future environmental performance – such as achieving net-zero greenhouse gas emissions – with clear timelines, achievable steps, and the types of emissions concerned;
• Ensuring that any CO₂ emissions calculations are displayed in a clear and transparent way; and
• Providing sufficient scientific evidence and information to support claims of improved environmental impact.

The national consumer regulators will monitor if the commitments are actually implemented, and in timely way. If they are not, they may start enforcement action.

Although this action was taken at EU level, it reflects similar concerns in the UK. The ASA has issued several rulings on similar issues, so businesses in the UK need to make sure that they comply with the equivalent rules in the CAP Code and the Digital Markets, Competition and Consumers Act 2024.

For example, in December 2023, we covered the ASA's three rulings about Air France's claims about its environmental impact, Lufthansa's "fly more sustainably" claim and Etihad's claim of carrying out "Environmental Advocacy". In 2024, we discussed the ASA's ruling about Virgin Atlantic's claim of using 100% sustainable aviation fuel for a transatlantic flight.

Last week the ASA confirmed that one of its key objectives is to focus on ad claims for carbon neutrality and net zero, including those in the transport and travel sector, so this issue remains a high priority topic for the ASA.