A Paris court will rule on Thursday whether France’s TotalEnergies misled the public about its environmental record – a case that could reshape corporate climate advertising across Europe.
The ruling will decide if the energy giant exaggerated its climate credentials in glossy marketing campaigns that promised to reach “net zero by 2050, together with society”.
The civil suit, the first of its kind in France against a major fossil fuel company, could help define how European courts deal with “greenwashing” – the practice of making misleading claims about environmental performance.
It was launched in March 2022 by three environmental groups – including Friends of the Earth France – who accuse TotalEnergies of “misleading commercial practices”.
They say the company’s ads painted an unrealistically rosy picture of its environmental efforts while it continued to expand oil and gas production.
The activists took this route because greenwashing itself is not yet defined under French law. They hope a ruling in their favour will set a benchmark for future cases.
“It’s misleading. There’s a huge gap between the company’s rhetoric and reality,” said Juliette Renaud from Friends of the Earth. “TotalEnergies still bases most of its activities on fossil fuels, while its advertising focuses on carbon neutrality and so-called ‘clean’ energy.”
France's TotalEnergies on trial in landmark greenwashing case
From Total to TotalEnergies
The dispute dates back to May 2021, when the company rebranded from Total to TotalEnergies, highlighting its investments in wind and solar power.
It also launched ads promoting gas as “the fossil fuel with the lowest greenhouse gas emissions” – a claim climate campaigners argue is deeply misleading.
The lawsuit targets around 40 adverts, some of which are reportedly still in use. The plaintiffs want the court to ban them and require the company to add disclaimers warning of the climate impact of fossil fuels.
For its part, TotalEnergies insists it has done nothing wrong. The company argues that its communications are “institutional” – aimed at investors and business partners rather than consumers – and are already regulated by financial authorities.
“It is simplistic to suggest we should stop using fossil fuels overnight,” the firm said in a statement, adding that the lawsuit was using consumer law to attack its corporate strategy rather than protect consumers.
NGOs seek climate trial of French oil giant TotalEnergies
Europe’s greenwashing moment
The French case comes amid a wider European push to hold companies accountable for climate spin. Courts have recently ruled against airlines such as KLM and Lufthansa, finding that their sustainability messaging misled consumers about the environmental impact of flying.
A judgment against TotalEnergies, said Johnny White, a lawyer with environmental group ClientEarth, would “put the oil and gas industry on notice that claiming to be on a path to net zero while expanding fossil fuel production – or touting gas as a climate solution – is misleading”.
“The outcome could set the precedent for oil and gas advertising across EU consumer protection law, and even further afield,” he added.
Still, not every greenwashing claim has succeeded. Earlier this year, Spanish utility Iberdrola lost a similar case it had brought against rival Repsol over environmental advertising.
(with AFP)
