Dutch Airline KLM Loses Greenwashing Case

The lawsuit was filed in 2022 by environmental group Fossil Free, which accused KLM of greenwashing over a campaign to celebrate the airline’s 100th anniversary.

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A court in the Netherlands has ruled on Wednesday that a campaign by Dutch airline KLM aimed at improving the company’s environmental image was “misleading” for customers. 

The “Fly Responsibly” campaign, launched in 2019 to celebrate KLM’s 100th anniversary, called on stakeholders in aviation  – including airlines, partners, customers, and employees – to “join forces in the development of sustainable solutions for the industry,” which is responsible for about 2% of global energy-related carbon dioxide (CO2) emissions. 

“Much more than just an advertising campaign, it is an initiative that invites both decision makers (in the industry and beyond) and consumers to join KLM in making aviation more sustainable. It symbolises a new mentality: the responsibility we should all have for our planet. It made KLM open up and reach out to all stakeholders. To share its sustainability knowledge, tools and best practices (like their CO2 compensation tool) for free. To activate everyone to contribute,” the campaign’s briefing read.

In July 2022, Dutch environmental group Fossil Free filed a groundbreaking lawsuit against KLM, the first-ever legal claim challenging airline industry greenwashing, challenging KLM’s advertising as “misleading.” According to the group, the campaign gave the impression that the airline was actively tackling climate change, while, in fact, its plans for air traffic growth would only exacerbate the crisis. The lawsuit also addressed the airline’s carbon offsetting strategy, which, the group argued, misled customers into thinking that they could offset their flight’s emissions by supporting reforestation projects or the airline’s costs of purchasing small quantities of biofuels.

In Wednesday’s verdict, the court described the airline’s adverts as “misleading and therefore unlawful” and said they painted “an overly rosy picture of the impact of measures such as Sustainable Aviation Fuel and reforestation.”

“These measures only marginally reduce the negative environmental aspects and give the mistaken impression that flying with KLM is sustainable,” it ruled.

Fossil Free hailed Wednesday’s verdict as “a historic victory over greenwashing by big polluters.”

“Today’s judgment is a landmark victory in the fight against greenwashing. KLM’s “green” marketing creates a misplaced trust that even if you are worried about the climate crisis, you can board a plane reassured you are not harming the planet. The judge has put an end to this harmful strategy to lull the public and politicians to sleep,” said Hiske Arts, a Fossil Free campaigner. 

Environmental charity ClientEarth, which supported  the lawsuit, said the ruling “will have big consequences not just for the aviation sector, but for all companies giving the impression of being committed to global climate goals while they actually plan to keep on polluting our planet.”

The court ordered KLM to pay Fossil Free’s costs and convey its efforts to cut emissions “honestly and concretely” in the future, though it did not impose any punishment on the company or force a rectification.

“We are pleased that the court has ruled that we can continue to communicate with our customers and partners about our approach to making aviation more sustainable. We are continuously learning how best to include them in this,” the airline said in a statement on Wednesday. “Our communication about sustainability must be honest and transparent. We have already taken important steps in this regard and have not used the 19 communications that were central to this case for some time now.”

Featured image: Wikimedia Commons

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