02.05.2024

EC takes action against 20 airlines for greenwashing

Following a warning from the European Consumer Organization (BEUC), the European Commission and EU consumer protection authorities (CPC) sent letters to 20 airlines identifying several types of potentially misleading environmental claims and inviting them to to bring their practices into line with EU consumer protection law within 30 days, reports esgnews.com.

The CPC network, led by the Belgian Directorate-General for Economic Inspection, the Netherlands Authority for Consumers and Markets, the Norwegian Consumer Protection Authority and the Spanish Directorate-General for Consumer Affairs, focused on claims by airlines that CO2 emissions caused by a flight, can be offset through climate projects or through the use of sustainable fuels, to which consumers can contribute by paying additional fees.

The authorities are concerned that the established practices may be considered misleading acts/omissions prohibited under Articles 5, 6 and 7 of the Unfair Commercial Practices Directive. For their part, the airlines have yet to clarify whether such claims can be substantiated on the basis of solid scientific evidence.

Several types of misleading practices have been identified

The European Commission and the CPC network identified several types of potentially misleading practices by 20 airlines, such as:

  • creating the false impression that paying a surcharge to finance climate projects with less environmental impact or to support the use of alternative aviation fuels can reduce or completely offset CO2 emissions;
  • using the term "sustainable aviation fuels" (SAF) without clearly justifying the environmental impact of these fuels;
  • using the terms "green", "sustainable" or "responsible" in an absolute manner or using other implicit environmental claims;
  • claiming that the airline is moving towards net zero greenhouse gas (GHG) emissions or any future environmental performance without clear and verifiable commitments, targets and an independent monitoring system;
  • presenting users with a "calculator" of the CO2 emissions of a particular flight without providing sufficient scientific evidence as to whether that calculation is reliable and without information about the elements used for that calculation;
  • presenting users with a comparison of flights in terms of their CO2 emissions without providing sufficient and accurate information about the elements on which the comparison is based.

The EC and the CPC authorities invited the companies to respond within 30 days

Airlines will have to outline their proposed measures to address concerns arising from their environmental marketing claims under EU consumer protection law. After receiving responses from the companies, the European Commission will organize meetings with the CPC network and the airlines to discuss the solutions proposed by the companies. In addition, the Commission will monitor the implementation of the agreed changes.

If the airlines involved do not take the necessary steps to address the concerns raised in the letter, CPC authorities may decide to take further enforcement action, including sanctions.

This action aims to ensure that commercial practices in the air transport sector are brought into line with EU consumer protection legislation by establishing the necessary justification and communication of voluntary environmental claims.