‘Our communication about sustainability must be honest and transparent. We have already taken important steps in this direction and have not used the 19 expressions that were central to this case for a long time.’ KLM said this on Wednesday in response to the ruling of the Amsterdam District Court. The court ruled that a number of advertisements with green claims by KLM in the past were misleading and therefore unlawful. The case was brought by action group Fossielvrij NL, which issued a press release about the case on Wednesday. According to the action group, KLM’s marketing about sustainable flying is misleading. According to Fossielvrij NL, this lawsuit is the first in the world to tackle misleading sustainability claims made by aviation. ‘The ruling sets an important legal precedent with consequences for the entire international aviation sector. From now on, it will be less easy for them to get away with misleading sustainability claims.’ The court ruled that 15 of the 19 statements submitted by KLM were misleading and therefore unlawful. These include KLM’s claim that they are moving towards ‘a more sustainable future’, their goal to be in line with Paris and their service where customers can ‘offset’ the climate impact of their flight. “The court says that these claims are based on vague and general statements about environmental benefits, and in doing so, KLM is misleading consumers. It also paints too rosy a picture about alternative fuels (SAF) and reforestation’, says Fossielvrij NL. In its press release, the action group speaks of ‘a hugely important victory in the fight against greenwashing’. “The court could not have been clearer: companies cannot claim that they are tackling dangerous climate change, when in reality they are fueling the crisis.
KLM’s response In a response, KLM says it is pleased that the court has ruled that KLM can continue to communicate with its customers and partners about its approach to making aviation more sustainable.
‘We are constantly learning how we can best include them in this.’ ‘Awareness and communication about sustainability objectives, activities and dilemmas are essential to us,’ says KLM.
‘In this way, we reach governments, fuel suppliers, knowledge institutions, NGOs, aircraft manufacturers and customers, all parties that are needed to make flying less polluting. It is good that the court gives us more clarity about what is possible and how we can continue to communicate about our approach and activities in a transparent and honest manner.’ KLM says it will study the ruling and will come back to it at a later date. Because KLM no longer uses the offending advertisements, the court ruled that the airline does not have to rectify them. It is also still allowed to advertise flies. Consumers do not need to be warned that aviation is currently unsustainable, says the court, which states that claims about CO2 reduction must be ‘fair and concrete’ from now on. The court does not attach any further requirements to the ruling, such as an explicit prohibition against making similar advertising in the future. (Photo KLM).
