United Airlines Greenwashing Case Dismissed

A civil lawsuit against United Airlines, which accused the airline of engaging in "greenwashing" to attract customers willing to pay higher fares, was dismissed by the District Court of Maryland this week. The court ruled that the case would be preempted by the Airline Deregulation Act (ADA) of 1978, which restricts states from enforcing laws related to the rates, routes, or services of air carriers. This decision underscores the legal protections afforded to airlines under federal law. U.S. District Judge Paula Xinis cited a Supreme Court ruling from a 1994 case involving American Airlines, emphasizing that the ADA's intent is to allow airlines significant autonomy in their operations. This ruling comes amid growing scrutiny of airlines globally regarding their sustainability claims, particularly in Europe and the UK, where regulators have taken action against misleading advertisements related to sustainable aviation fuel (SAF). In Europe, the European Consumer Organisation and other regulatory bodies have warned 20 airlines that their sustainability advertising could lead to accusations of "potentially misleading green claims," violating EU consumer law. These concerns focus on airlines promoting the idea that passengers can offset their carbon emissions through additional fees for climate projects or sustainable fuels. As airlines worldwide strive to reduce their carbon footprints, the effectiveness of their sustainability claims in convincing consumers remains uncertain. The outcome of this case may influence how airlines approach their marketing strategies in the future.