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- RCC Ruling on Shell “Drive CO2 neutral” 1
RCC Ruling on Shell “Drive CO2 neutral” 1
About this case
Filing year
2021
Status
Decided
Geography
Court/admin entity
Netherlands → Reclame Code Commissie (RCC)
Case category
Suits against corporations, individuals → Corporations → Misleading advertising
Principal law
Netherlands → Code for Environmental Advertising
At issue
Whether Shell's climate neutrality claims based on CO2 offsetting in its "Drive CO2 neutral campaign" are misleading.
Topics
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Documents
Filing Date
Document
Type
Topics
Beta
04/12/2021
Complaint alleging that Shell's message of CO2 neutrality was misleading
Complaint
Summary
The contested advertisement contained several statements by Shell in the campaign "Make a difference. Drive CO2 neutral," specifically on Shell's website. The complaint alleged that Shell falsely claimed that the damage caused by CO2 emissions can be offset or neutralized through voluntary carbon credits. The complaint was based on various scientific reports, including the IPCC Synthesis Report in 2014. The Committee held that the average consumers would understand the term "neutralized" to mean that the harm caused by CO2 emissions was completely compensated by offsetting measures. This impression was reinforced by the manner that Shell issued an explanation of the campaign on its website. While the RCC acknowledged that Shell had plausibly demonstrated that it followed certain standards and guidelines, it pointed out that Shell did not guarantee the full offsetting in practice. The RCC stressed that article 3 of the Code for Environmental Advertising (MRC) set a high bar with regards to environmental claims which must be demonstrably correct. Against this background, Shell's claim were too absolute, as they guaranteed a result which was not certain. Thus, the Committee found the advertising claims to be misleading and in breach of articles 2 and 3 MRC.
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Group
Topics
Target
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance