Berrin v. Delta Air Lines Inc.

The federal district court for the Central District of California found that a consumer plaintiff’s addition of allegations that she was a “longstanding and loyal Delta customer” who intended to purchase flights from the company in the future were sufficient to establish standing for claims under California’s False Advertising and Unfair Competition Laws. The court previously dismissed claims seeking injunctive relief under these laws because the plaintiff did not allege an intent to purchase future flights. In allowing the claims to proceed, the court found that the plaintiff “sufficiently alleged a particularized injury because refraining from purchasing future Delta flights, notwithstanding her desire to continue purchasing Delta flights and being an environmentally concerned consumer, is an injury that affects her in a harmful and personal way.” The specific alleged injury was “her inability to rely on the validity of Delta’s representations that it is a carbon-neutral airline, despite her intention to continue flying Delta.” The court further found that this injury was actual and imminent and that a favorable ruling ordering Delta to make truthful representations regarding its environmental impact would redress the alleged injury.

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The federal district court for the Central District of California held that the Airline Deregulation Act did not preempt claims that Delta Air Lines, Inc.’s allegedly false carbon-neutrality representations violate California laws. The court also found that the plaintiff adequately stated a claim under California’s Consumers Legal Remedies Act with allegations that vendors of voluntary carbon credits based their certifications on fraudulent projections of carbon reduction and that Delta either knew or should have known that the certifications were not accurate. The court granted dismissal of claims under California’s False Advertising Law and Unfair Competition Law with leave to amend, finding that the plaintiff failed to establish standing for injunctive relief under those laws because she did not allege any intent to purchase flights from Delta in the future.