The Paris Judicial Court ruled against TotalEnergies in a landmark greenwashing case today, finding that claims by French energy giant about its ambitions regarding its role in the energy transition and its carbon neutrality goals were likely to mislead consumers, and ordering the company to remove a series of sustainability claims from its website.
The ruling follows a lawsuit filed by Greenpeace France, Friends of the Earth France and Notre Affaire a Tous, and supported by environmental law organization ClientEarth in 2022, which argued that TotalEnergies’ “reinvention” campaign, in which the company claimed to be “a major player in the energy transition,” and noted its 2050 net zero ambition, falsely portrayed the company as being on track to address the climate crisis.
According to the organizations, the decision marks the first time that a court has ruled that a major oil and gas company’s net zero by 2050 and energy transition narrative is misleading and unlawful.
ClientEarth lawyer Jonathan White said:
“This landmark judgment sends a clear warning shot to other oil and gas majors in Europe and beyond: claiming to be part of the transition while backing new fossil fuel projects comes at a tried-and-tested legal price.”
The court found that TotalEnergies committed deceptive commercial practices by making claims on its website about its “ambition to achieve carbon neutrality by 2050” and “to be a major player in the energy transition,” which were likely to mislead consumers about the company’s environmental commitments.
The court ordered the company to end communication from its website of the above statements, as well as claims such as “We place sustainable development at the heart of our strategy, our projects, and our operations to contribute to the well-being of populations…” and “More energy, fewer emissions: this is the dual challenge we must take on alongside our stakeholders to contribute to the sustainable development of the planet and address the climate challenge…,” giving the company one month to comply, after which it would be fined €10,000 per day.
The court also ordered TotalEnergies to prominently display a link to the court’s ruling on its website, and to pay €8,000 to each of the organizations that brough the case, and €15,000 for their legal costs.
While finding the TotalEnergies’ claims were likely to mislead, the court also dismissed claims brought in the case regarding the company’s promotion of gas as a less carbon-intensive fossil fuel, and of biofuel as a low-carbon alternative.
In a statement provided to ESG Today, a TotalEnergies spokesperson said that the company acknowledged the ruling by the court, noting that “the judgment does not apply to any of its past or current advertising campaigns concerning its electricity and gas offerings to consumers in France, but only to general statements on its website,” adding that the company will assess the impact of the judgement.
