Zajac v. United Airlines, Inc.

The federal district court for the District of Maryland held that the Airline Deregulation Act (ADA) preempted a plaintiff’s climate washing claims against United Airlines, Inc. (United). The plaintiff asserted a claim under the Maryland Consumer Protection Act (MCPA) and a common law fraud claim (later withdrawn), alleging that he paid more to fly on United because the company was committed to reducing the impacts of flying, including by using sustainable aviation fuel. He alleged he would not have paid more had he known that only .025% of United’s fuel supply was SAF and that SAF still emits carbon dioxide and other pollutants. The court “easily” concluded that the MCPA claim related to United’s provision of transportation services and was therefore preempted by the ADA. The court further concluded that the claim should be dismissed with prejudice because “the deceptive provision of services is the heart of the claim,” and the plaintiff would not be able to amend the claim to escape dismissal.

A class action complaint filed in the federal district court for the District of Maryland sought damages from United Airlines Inc. for allegedly making false and misleading representations and omissions regarding its environmental initiatives, including claims regarding the environmental benefits of sustainable aviation fuel and misleading emphasis on biofuels, given the amount of sustainable aviation fuel actually used. The plaintiff alleged that he “paid more to fly on United than he otherwise would have had he known its representations and omissions about its environmental efforts were false and misleading.” The complaint asserted that United’s conduct violated the Maryland Consumer Protection Act and constituted fraud.