German court rules TUI Cruises' advertisement 'misleading' on sustainability

A lawsuit filed by the German Environmental Aid concerned the phrase ‘2050 net-zero cruise operation’ which appeared on the cruise line's website several months ago. TUI Cruises is prohibited from repeating the wording, which was deemed ambiguous.

According to German news source ASB News, ‘In the court's opinion, the statement could be interpreted to mean that CO2 emissions will be completely avoided in the cruise operation by 2050, or that a balance will be achieved through compensation measures.’ 

Deciding whether to appeal

TUI Cruises told Seatrade Cruise News, ‘Subject of the court hearing and ruling was a graphic of our decarbonisation plan (Climate Protection Roadmap). The specific graphic had already been appropriately adjusted more than half a year ago. Regardless of the ruling, we will continue to consistently implement our Sustainability Strategy 2030 and remain committed to our ambitious climate goals. Besides, we will review the court's reasoning and, based on that, decide whether to appeal against it.’ 

Sustainability claims under scrutiny

According to legal experts, so-called 'greenwashing' enforcement actions and lawsuits are on the rise, with airlines and consumer products facing challenges for their sustainability claims in the EU and US.

UK admonishes HX ad

And the UK’s Advertising Standards Authority upheld a complaint in July against HX for an advertisement in the digital version of a national newspaper with the headline, ‘Free flights to Svalbard and more…’ followed by ‘Selected Svalbard cruises with free flights… Since 1896, we’ve been the leaders in sustainable expeditions.’ 

The complainant believed the claim ‘sustainable expeditions’ gave a misleading impression of the advertised expeditions’ environmental impact. 

Despite efforts by HX to justify its advertising, the watchdog stated, ‘The CAP Code [UK Code of Non-broadcast Advertising and Direct & Promotional Marketing] required that the basis of environmental claims must be clear, and that absolute environmental claims must be supported by a high level of substantiation. Environmental claims must be based on the full life cycle of the advertised product, unless the ad stated otherwise.’

The body added, ‘While we acknowledged HX had taken steps to reduce the environmental impact of its cruises, those steps did not cover all aspects of their holiday packages, and were not referred to in the ad. For example, air travel, such as that required to take a HX cruise, produced high levels of both CO2 and non-CO2 emissions, which were making a substantial contribution to climate change. In addition, the measures in place were insufficient to support an absolute “sustainable” claim in relation to the cruise aspect of the holiday.’