Greenwashing refers to untrue or misleading statements made about the environmental impact of products, businesses, or services. In recent years this has become a more pressing issue, with consumers often preferring “greener” alternatives. Environmental statements that turn out to be untrue can risk breaching consumer protection laws.

The aviation industry is no exception to the above. International travel will be many households’ leading cause of carbon emissions, with 8% of the UK’s emissions being linked to the aviation industry.

A survey conducted by Booking.com found that 75% of holiday-makers intend to travel more sustainably over the next 12 months. With passengers looking for more environmentally friendly flights or airlines, misleading claims have been found to be on the rise and are increasingly subject to scrutiny from both consumers and regulators.

In April 2024, the European Commission expressed concerns about greenwashing to 20 airlines, addressing the following practices:

• Carbon offset fees: These fees often create the incorrect impression that consumers can offset carbon emissions by paying additional fees.
• General use of green terms: The use of general “green” terms can mislead consumers, which are often not backed by scientific research.
• Net zero/carbon neutral claims: Airlines were found to be claiming that they will be “net zero,” without any clear, verifiable commitments.
• Flight comparison information: Airlines were also found to be comparing flights based on carbon emissions, without full details of the methods used to compare.

The airlines were given 30 days to remove any unsubstantiated claims or risk further action or sanctions from EU consumer protection authorities.

This came after the case of Fossielvrij NL v KLM, in which an environmental activist group brought a claim against the Dutch airline, KLM, on the grounds that their environmental claims used in advertising were unsubstantiated. The contested advertisements portrayed an overly optimistic image of the impact of some of the above-listed measures. The Dutch court ruled that several advertisements by KLM were misleading and therefore unlawful. The airline was instructed to only use honest and concrete environmental claims in future advertising campaigns.

In response to concerns about misleading environmental claims, the UK government introduced the Green Claims Code, which provides guidance for both businesses and consumers regarding the use of such statements in marketing. The guidance includes the following relevant principles to the aviation industry:

• Be truthful and accurate on any environmental claims.
• Green claims should be clear and unambiguous.
• Do not omit or hide important information. Consumers should be able to make informed decisions.
• Only make fair and meaningful comparisons. The metrics used to compare flights and/or airlines should be made available to consumers.
• Be substantiated. Environmental claims should be backed by clear scientific evidence.

Technological advancements are being made in the aviation industry to decrease the environmental impact of flying. In coming years, we could see fully electric passenger aircraft. Airlines will need to continue to ensure that consumers are not misled until flying is completely green, whilst consumers should be wary of any green claims that are not backed with scientific evidence.

In conclusion, as the aviation industry faces increased scrutiny over its environmental impact, airlines should be aware of the risks of using unsubstantiated claims about their sustainability efforts. It is crucial for airlines to back their environmental claims with verifiable data and to commit to transparent, genuine sustainability practices. Failure to do so not only risk legal action but also the trust and loyalty of consumers.