Airlines are being hit by anti-greenwashing litigation – here's what makes them perfect targets

• While the industry has faced legal backlash in the past, the dramatic proliferation of these cases may spell disaster for major airlines.
• It’s not hard to see why the aviation industry has provoked the ire of climate activists.

Why greenwashing?

• The rise in greenwashing litigation can in part be attributed to the relative ease with which cases can be brought.
• It’s simply a lot easier to attack an airline’s advertising compared to other activities that might be targeted by strategic climate litigation.
• It’s an effective form of climate action due to the power exerted by advertising on public perception and social norms.

Common litigation strategies

• Interestingly, this case builds upon a ruling of the Dutch Advertisement Code Commission and indicates the “snowballing” trend inherent in anti-greenwashing litigation, wherein cases rely upon precedent set by previous authorities.
• With this borne in mind, the recent 19-country complaint by the European Consumer Organisation could provide the strongest foundation to date for future litigation.
• European companies should follow this case closely as American-style “class action” litigation will soon be made possible in the EU.

Does this litigation have teeth?

• In reality, these early cases are merely scratching the surface of what’s possible.
• Once these cases enter the public conversation, a growing understanding of consumer protection is bound to follow.
• In many jurisdictions, such as my home country of Ireland, significant damages can be awarded against companies for misleading advertisement.
• While anti-greenwashing litigation might not halt the growth of this industry altogether, it is no doubt an invaluable tool.