TotalEnergies in landmark greenwashing trial in France

Environmental groups took TotalEnergies to court Thursday in a landmark Paris trial, accusing the French oil and gas giant of misleading consumers with ads that overstate its climate commitments and fossil fuel transition.

It is the first such case in France targeting a major energy company and could set a legal precedent for corporate environmental advertising, which is starting to face tighter regulations in the European Union.

The civil case stems from a March 2022 lawsuit by three environmental groups accusing TotalEnergies of “misleading commercial practices” for saying it could reach carbon neutrality while continuing oil and gas production. The plaintiffs took that legal route as “greenwashing”, or the act of claiming to be more environmentally responsible than in reality, is not specifically covered under French law.

Starting in May 2021, TotalEnergies advertised its goal of “carbon neutrality by 2050” and touted gas as “the fossil fuel with the lowest greenhouse gas emissions”.

At the time, the company had changed its name from Total to TotalEnergies to emphasise its investments in wind turbines and solar panels for electricity production.

The plaintiffs allege that TotalEnergies made around 40 “false advertisements” in their lawsuit. “For the average consumer, it is impossible to understand that TotalEnergies is actually expanding fossil fuel production,” said Clementine Baldon, a lawyer for the NGOs. The company’s strategy “will not help the energy transition”, Baldon told the court.

“It delays it, even prevents it, and it contributes to putting the objectives of the Paris accord at risk,” she added, referring to the international agreement aimed at curbing climate change.

TotalEnergies maintains it has not engaged in misleading commercial practices.