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The Climate Litigation Database

ASA Ruling on Etihad Airways

Geography
Year
2023
Document Type
Litigation

About this case

Filing year
2023
Status
Decided
Court/admin entity
United KingdomAdvertising Standards Authority (ASA)
Case category
Suits against corporations, individualsCorporationsMisleading advertising
Principal law
United KingdomUK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing
At issue
Whether two Facebook ads for an airline made misleading environmental claims about the impact of flying.
Topics
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Documents

Summary

This ruling concerned two paid for Facebook ads by Etihad Airways seen in October 2022. The first claimed “… we’re taking a louder, bolder approach to sustainable aviation” in the body of the text, and “… you’ll earn Etihad Guest Miles every time you make a conscious choice for the planet … Environmental airline of the year” in the accompanying video. The second claimed “… we’re taking a louder, bolder approach to sustainable aviation” in the body of the text and “… we’re cutting back on single-use plastics and are flying the most efficient planes. Flights with a smaller footprint … Environmental airline of the year” in the accompanying video. The Advertising Standards Authority (“ASA”) challenged whether the ads were misleading because they exaggerated the environmental benefits of flying with Etihad. By ruling of Apr. 12, 2023, the ASA upheld that challenge. The CAP Code required that absolute environmental claims be supported by a high level of substantiation. Etihad had commented that the claim “sustainable aviation” would be understood, especially in the aviation industry, as a long-term, multifaceted goal, which included their aspiration to reach “net zero” carbon emissions by 2050. However, the ads were aimed at the general public, and they did not mention Etihad’s desire to be “net-zero” by 2050 or position the claim “sustainable aviation” as a long-term aspiration. Etihad had commented about the use of modern aircraft and flight practices to reduce emissions. However air travel continued to produce high levels of CO2 and non-CO2 emissions which were making a substantial contribution to climate change. Many of the initiatives Etihad said they were committed to delivering were targeted to only deliver results years or decades into the future. Further, initiatives such as reducing single use plastics and using more efficient aircraft were not adequate substantiation to evidence a "sustainable aviation" claim. While steps were being taken by Etihad to reduce the environmental impact of its service, there were currently no initiatives or commercially viable technologies in operation within the aviation industry which would adequately substantiate an absolute green claim such as “sustainable aviation” as we considered consumers would interpret it in this context. The claim therefore exaggerated the impact that flying with Etihad would have on the environment and the ads breached the Code. Etihad was told to ensure that their ads did not give a misleading impression of the impact caused by travelling with the airline and that robust substantiation was held to support them.

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Group
Topics
Target
Policy instrument
Risk
Renewable energy
Greenhouse gas
Economic sector