INSIGHT by ClientEarth
Dutch airline KLM appeared before the District Court of Amsterdam yesterday to defend its climate-related advertising, in response to allegations of unlawful greenwashing.
The lawsuit, brought by campaign groups Fossielvrij and Reclame Fossielvrij, with the support of environmental law charity ClientEarth, is the first worldwide to challenge the aviation industry’s climate PR strategy.
The Court’s decision on the legality of KLM’s advertising could have global implications for airlines and the claims they are allowed to make about the sustainability of air travel.
The lawsuit initially challenged KLM’s ‘Fly Responsibly’ campaign, which the company has since pulled. The claimants are seeking an order from the court preventing the airline from making similar statements in future. This includes claims regarding the limited alternative fuels and unproven technological solutions the aviation industry is relying on to meet climate targets instead of putting limits on air traffic growth.
“KLM dropped the ‘Fly Responsibly’ ad campaign, yet continues to push the misleading messages regarding its sustainability while opposing government measures tackling aviation’s increasing emissions. The Court must scrutinise KLM’s misleading claims. The airline’s ‘green marketing’ is a guise, distracting the public and government from the reality that its plans for growth will throw us further into climate catastrophe.”
-Hiske Arts, campaigner at Fossielvrij
In Court yesterfday, Fossielvrij argued that KLM’s claims of ‘creating a more sustainable future’ and having a ‘net zero by 2050’ goal are misleading and at odds with its plans for ongoing business growth.
Recent research from Breda University reveals a misalignment between KLM’s sustainability goals and the Paris Agreement, whilst leading scientific analysis indicates the aviation industry cannot achieve climate goals without limits on air traffic growth.
The claimants also scrutinised KLM’s carbon ‘offsetting’ products, marketed alongside its flights. Lawyers told the judge that language used to promote these products created a false impression, suggesting that climate damage from flying can be reduced or compensated by customer contributions towards ‘sustainable aviation fuels’ or tree replanting projects.
The airline responded that consumers should know flying is not sustainable, that KLM is taking steps to make it more sustainable, and that it should be allowed to promote its climate actions in advertising.
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The judges raised several critical questions about KLM’s offsetting marketing, and asked Fossielvrij how a ban on KLM making similar claims in the future would work in practice.
Johnny White, a ClientEarth lawyer, said: “This case cuts to the heart of the airline industry’s greenwashing strategy: advertise climate action while chasing unsustainable growth. Disinformation around the ‘solutions’ to aviation’s worsening climate impact is dangerous and needs to be urgently tackled. Nascent technologies and alternative fuels are currently way off the mark. They should not be promoted as the golden ticket to sustainable flying.”
In June, the Amsterdam District Court recognised the scope for environmental and human risks from greenwashing and granted Fossielvrij standing to pursue the case.
The lawsuit could set a precedent for the growing number of lawsuits against greenwashing, including others against airlines that have followed. Almost 14,000 people signed a petition supporting the case.
Rosanne Rootert, campaigner at Reclame Fossielvrij, said: “The ongoing fight against greenwashing by aviation and other polluters underlines the need to ban fossil fuel advertising. Only then can we permanently protect people from the greenwashing deception that undermines real climate action. Governments can do this by banning fossil advertisements by law, just as we have seen with tobacco advertisements. But until such a ban is in place, going to court is necessary to fight climate-damaging advertisements.”
The court will deliver its verdict on February 21st.
| All opinions expressed are those of the author and/or quoted sources. investESG.eu is an independent and neutral platform dedicated to generating debate around ESG investing topics.
