Deutsche Umwelthilfe v. TotalEnergies Wärme & Kraftstoff Deutschland GmbH

In 2022, Deutsche Umwelthilfe (DUH) filed legal action against TotalEnergies due to an advertising statement concerning "CO2-compensated heating oil." TotalEnergies claimed to offset the CO2 emissions of the oil as part of its climate plan. DUH argued that this advertising claim constituted misleading commercial practices, and was thus in breach of article 5a of the Act Against Unfair Competition. First, DUH criticized that the measures implemented to achieve the alleged climate neutrality of the advertised oil were insufficiently presented. Second, DUH criticized the offsetting measures to reach CO2 neutrality, namely, the purchase of emission credits for a forest protection project in the Madre de Dios region, Peru (ClimatePartner Tambopata forest protection project). This case is part of a series of DUH legal proceedings concerning climate neutrality advertising promises.

On April 5, 2023, the Düsseldorf Regional Court fully upheld DUH's lawsuit, ruling that TotalEnergies claims of climate neutrality were misleading. TotalEnergies is no longer allowed to advertise its heating oil as "CO2 compensated."