As per a Dutch Advertising Code Board of Appeal decision issued on 8 May 2024, travel giant TUI has yet again engaged in greenwashing.
The original complaint, filed by Eric Stam of Reclamejagers, targets TUI’s 2023 Black Friday advertising campaign ‘Fair Friday’. According to TUI, the company doesn’t participate in Black Friday, as they intend to be considerate of the future generations’ ability to enjoy this “beautiful world”.
The ‘Fair Friday’ advertising campaign consisted of several elements, including (i) the TUI logo with a globe, all in green and references to the ‘fair travel’ trips being “more sustainable”; (ii) language on the website including references to “tomorrow’s generation” and “a more sustainable trip for the regular price”; (iii) ‘fair travel’ trips to the Canary Islands, Cape Verde, Portugal, Aruba, Curaçao, and the Dominican Republic; (iv) references to sustainable holidays not necessarily being more expensive; and (v) a YouTube video about the Fair Friday campaign (collectively, the Advertisements).
The Complaint Before the Dutch Advertising Code Committee and the Board of Appeal
According to the complainant, the TUI Advertisements contain misleading sustainability claims. In particular, it is argued that by promoting flights to certain destinations alongside claims that sustainable travel does not have to be expensive, consumers may incorrectly think that small alterations are sufficient to make their holiday sustainable.
At the first instance, the complainant argued that the TUI Advertisements violated the Dutch Sustainability Claims Code (SCC), which is part of the Dutch Advertising Code (DAC). In particular, Article 3.1 SCC specifies that sustainability claims in advertising must be “clear, specific, correct, and unambiguous”. Moreover, claims cannot mislead the “average consumer” in making a purchasing decision that the consumer wouldn’t otherwise have made.
However, the Advertising Code Committee, in its initial decision, did not think that this combination of elements (ii) and (iii) as described above, would mislead a consumer. It argued that TUI provided sufficient contextual information to clarify that the sustainability claims originate from the use of trains and sustainable accommodations.
The complainant appealed, arguing that TUI is claiming its holidays are more sustainable through the use of greener accommodations. But by advertising specific holiday destinations alongside these claims, some of which necessarily involve long-haul flights, TUI is confounding consumers, as such a holiday may still significantly impact our environment. Without supplemental information, the average consumer will be misled.
The Board of Appeal agreed with the complainant. TUI is attempting to make long-haul holidays look sustainable by making non-flying elements greener. However, none of these actions negate the devastating impact of flying on the environment. It is likely that the average consumer will interpret the TUI Advertisements to mean that the entire holiday is more sustainable. As such, the Board of Appeal agrees that the TUI Advertisements violate Article 3.1 SCC.
Previous Successful Claim Against TUI
In 2023, another successful complaint was filed against TUI, also involving Reclamejager’s Eric Stam, together with a coalition of others, including Fossielvrij NL en Reclame Fossielvrij. This complaint addressed TUI’s ‘Fair Travel’ campaign, a frontrunner of the Fair Friday.
As part of its Fair Travel campaign, TUI added €2 to every booking, payable by the consumer, and would double it to €4 itself, in order to fund its sustainable commitments and initiatives (including sustainable aviation fuels). The Dutch Advertising Code Committee agreed with the complainants here, stating that regardless of the small financial contribution, flying as a mode of travel continues to negatively impact our climate. Nor could such a small contribution ever go towards building a more sustainable future, as claimed by TUI. Hence, the advertising was found to be in violation of Article 3.1 SCC. Additionally, the Committee found a violation of Article 4, which holds that all sustainability claims need to be “verifiably correct”.
According to Reclamejagers, TUI slightly adapted its advertising following confirmation of its greenwashing allegations. Not long thereafter, the Fair Friday campaign took place, demonstrating that TUI had failed to learn from its first missteps.
Greenwashing Complaints in the Travel Industry
Greenwashing complaints against big actors in the travel industry are currently very prevalent. In the Netherlands, where this claim took place, another complaint was filed in April 2024 against TUI, over its advertisements involving a holiday to Turkey, which complainants (Reclame Fossielvrij) argue is encouraging consumers to engage in behaviour that is harmful to health and/or the environment. This is the first complaint of its kind.
At the end of April, a complaint was filed against MSC Cruises, over advertising that is alleged to wrongfully claim that the use of liquified natural gas somehow allows for more sustainable travel.
Finally, the European Commission and consumer authorities have announced action against 20 airlines over misleading green claims, including claims involving offsetting emissions and the use of sustainable aviation fuels. Following the announcement, the airlines have 30 days to respond with corrective measures, a deadline which is coming up in 2 weeks.
This surge in greenwashing complaints in the travel industry underscores the concern over misleading environmental complaints in an industry that is among the most polluting. All of these actions are crucial in shaping the landscape of sustainable travel and consumer protection.
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