The federal district court for the Central District of California held that the Airline Deregulation Act did not preempt claims that Delta Air Lines, Inc.’s allegedly false carbon-neutrality representations violate California laws. The court also found that the plaintiff adequately stated a claim under California’s Consumers Legal Remedies Act with allegations that vendors of voluntary carbon credits based their certifications on fraudulent projections of carbon reduction and that Delta either knew or should have known that the certifications were not accurate. The court granted dismissal of claims under California’s False Advertising Law and Unfair Competition Law with leave to amend, finding that the plaintiff failed to establish standing for injunctive relief under those laws because she did not allege any intent to purchase flights from Delta in the future. 

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 Plaintiff Adequately Alleged Claim Under California Law Against Delta for Carbon-Neutrality Representation

Filed

United States of America

California

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Federal Court Said Plaintiff Adequately Alleged Claim Under California Law Against Delta for Carbon-Neutrality Representation

Policy instrument

Economic sector

Finance