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The Climate Litigation Database
Litigation

RCC Ruling on Shell “Drive CO2 neutral” 1

Date
2021
Geography

About this case

Documents

Filing Date
Type
Document
Summary
08/26/2021
Decision
RCC decision (in Dutch)
04/12/2021
Complaint
Complaint alleging that Shell's message of CO2 neutrality was misleading

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.