KLM was found guilty of misleading advertising and ‘greenwashing’ by a Dutch court on Wednesday, March 20.
Environmental organisations Fossielvrij and ClientEarth sued the Dutch carrier in 2022 over KLM’s ‘Fly Responsibly’ campaign. According to the court, the airline made numerous vague and unsubstantiated claims about minimising its environmental impact.
The court found that KLM had contravened the Unfair Commercial Practices Act by suggesting that flying could be sustainable or that offset products compensated for the environmental impact of aviation. The court also said that referring to sustainable aviation fuel as ‘sustainable’ was misleading.
“The statement that it is a ‘promising solution’ also paints too rosy a picture. At the moment, SAF’s share in total fuel consumption is still very limited. A more substantial share can only be expected in the distant future, and thus is uncertain. The expression is therefore misleading,” said the court ruling.
KLM has already ceased to use the 19 communications that were central to the case. Therefore, the court did not impose further punishment on the airline other than ordering KLM to pay the claimants’ costs.
“It is good that the court gives us more clarity about what is possible and how we can continue to communicate transparently and honestly about our approach and activities. We are studying the ruling and will return to it substantively at a later date,” said KLM in a statement on the court ruling.
Environmental group Fossielvrij hailed the ruling as a landmark victory.
“The significance of the court’s decision is clear: companies are not allowed to claim they are tackling dangerous climate change when in reality they are fuelling the crisis,” said Hiske Arts, a campaigner for the organisation.
