Abstract
Technological advancements are crucial for greening global industries and markets. This paper focuses on alternative aviation fuel technologies, which allow the aviation industry to significantly reduce its carbon footprint. We investigate the relationship between the use of these technologies, their acclaimed environmental benefits, and European market regulation. That regulation implies an interesting puzzle. On the one hand, the EU requires airlines to use a minimum share of alternative aviation fuels by 2025. Following industry practice, EU energy law denotes these fuels as ‘sustainable aviation fuels’ or ‘SAF’. On the other hand, such terminology may greenwash the environmental impact of aviation fuels, potentially misleading consumers when used in commercial communications. Consumer law (another important domain of EU market regulation) prohibits greenwashing and employs strict standards for environmental claims in advertising.
We explore this puzzle of EU market regulation by examining the conditions under which the aviation industry can lawfully use the term ‘SAF’ in business-to-consumer commercial communications. This involves the mapping of alternative aviation fuel technologies and a critical analysis of the applicable EU law framework. Our analysis shows that European consumer law prohibits the general use of the term ‘SAF’ in ads targeting consumers, unless airlines clearly and substantively disclose the environmental impact of the alternative fuels used. Meeting these requirements is challenging, as demonstrated by regulatory guidance and case law. Accordingly, European consumer protection law constitutes a powerful tool to tackle greenwashing by the aviation industry, halt any reputational benefits gained through it, and promote science-based environmental claims.