The federal district court for the Central District of California found that a consumer plaintiff’s addition of allegations that she was a “longstanding and loyal Delta customer” who intended to purchase flights from the company in the future were sufficient to establish standing for claims under California’s False Advertising and Unfair Competition Laws. The court previously dismissed claims seeking injunctive relief under these laws because the plaintiff did not allege an intent to purchase future flights. In allowing the claims to proceed, the court found that the plaintiff “sufficiently alleged a particularized injury because refraining from purchasing future Delta flights, notwithstanding her desire to continue purchasing Delta flights and being an environmentally concerned consumer, is an injury that affects her in a harmful and personal way.” The specific alleged injury was “her inability to rely on the validity of Delta’s representations that it is a carbon-neutral airline, despite her intention to continue flying Delta.” The court further found that this injury was actual and imminent and that a favorable ruling ordering Delta to make truthful representations regarding its environmental impact would redress the alleged injury.

Greenwashing class action lawsuit alleging that Delta misrepresented itself as a carbon-neutral airline.

Berrin v. Delta Air Lines Inc.

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Federal Court Said Consumer Adequately Alleged Standing for Injunctive Relief Claims in Climate Washing Action Against Delta

Filed

United States of America

California

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Federal Court Said Consumer Adequately Alleged Standing for Injunctive Relief Claims in Climate Washing Action Against Delta

Policy instrument

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Finance