Landmark Greenwashing Lawsuit against KLM Airline Granted Court Permission

(Client Earth) A groundbreaking greenwashing lawsuit against airline KLM challenging its misleading advertising has been granted permission to proceed to a full hearing by a Dutch court. The lawsuit – the first of its kind to challenge airline industry greenwashing – argues that KLM's climate ads and offset marketing breach EU consumer law standards by creating a false impression that its flights do not contribute to the worsening climate emergency.

The District Court of Amsterdam has granted permission for Dutch campaigners Fossielvrij and Reclame Fossielvrij to bring the claim, following a hearing in April on the organisations’ admissibility. The decision establishes for the first time that an environmental non-profit can bring a greenwashing claim under the recently passed Dutch class action law.

It comes after KLM informed the judge that it had dropped its ‘Fly Responsibly’ advertisements, which were challenged by the lawsuit.

Hiske Arts, campaigner at Fossielvrij, said: “Today’s ruling rightly confirms that climate organisations have a place in combating greenwashing. With the threat of this lawsuit, KLM stopped its problematic ‘Fly Responsibly’ campaign.

“But KLM continues to greenwash its growth ambition through other climate messages. It is important that the Court assesses the full spectrum of KLM’s statements, because as long as the biggest polluters continue to lull us to sleep through their slick marketing campaigns, climate action will not happen.”

KLM’s misleading statements

Although KLM has discontinued its ‘Fly Responsibly’ ad campaign, it has not made any commitments regarding its future advertising, nor has it addressed the carbon offset marketing that is also targeted by the lawsuit.

Fossielvrij’s claim argues that this marketing misleads customers into thinking they can reduce their flight's impact by supporting reforestation projects or the airline’s costs of purchasing small quantities of biofuels.

The lawsuit also challenges KLM’s claim that the company is “creating a more sustainable future” because of its net zero by 2050 target, which is at odds with its plans for continued business growth.

According to the Court, it is not in dispute that the misleading allegation has sufficient merit to proceed to the next phase of the litigation.

Johnny White, a lawyer from ClientEarth, added: “The truth is that KLM’s climate publicity push extends far beyond a single campaign. This is not an isolated incident in the airline industry. The ongoing struggle to stamp out aviation greenwashing underscores the urgent need to ban fossil fuel advertising and protect the public from misleading practices that subvert climate action.”

The Court said Fossielvrij can now consult KLM and amend its claim to focus on the advertising the airline stands by. KLM then has six weeks to file a full defence.

ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account, and defend everyone’s right to a healthy world. From our offices in Europe, Asia and the USA we shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together. READ MORE

Excerpt from Reuters: KLM defended itself against "greenwashing" allegations in court on Tuesday, asking judges to rule against an environmental group that has argued the Dutch airline's "Fly Responsibly" ad campaign was misleading.

Climate group Fossil Free's case against the now-discontinued campaign is seen as a test of the environmental claims of the aviation industry, a major contributor to greenhouse gas emissions.

Fossil Free argues that there is no such thing as flying responsibly and that KLM should be banned from making similar statements including references to becoming "more sustainable".

"A plane ticket is the most polluting product that a consumer can buy," Fossil Free lawyer Danielle Brouwer told judges.

KLM, the Dutch arm of Air France-KLM, countered that it does not deny that emissions are a problem but it has a right to advertise about changes that it is making.

"KLM is working super hard to become more sustainable," said lawyer Branda Katan, citing measures such as purchasing more efficient planes and plans to mix more biofuel into the kerosene that fuels its fleet.

Regulators and advertising authorities across Europe have increased scrutiny of companies' environmental claims, including an investigation into consumer goods giant Unilever announced last week by Britain's Competition and Markets Authority.

Airlines have been a focus as aviation is an industry that cannot easily cut carbon emissions. Advertising of its green efforts needs to reflect that reality, authorities have said.

In December, Britain's Advertising Standards Authority banned advertisements from Lufthansa, Air France-KLM and Etihad after it accused them of giving a misleading impression.

In June Europe's consumer rights body BEUC lodged a complaint with the European Commission against 17 airlines, saying they used terms such as "sustainable" deceptively.

KLM and Fossil Free clashed over whether the airline's future plans are credible and whether it should be able to advertise about them.

Katan said KLM's plans will lead to a 12% cut in its carbon dioxide emissions by 2030.

"KLM is planning for growth," lawyer Frank Peters said. "Its commercials that don't mention that ...are misleading."