Skip to content
The Climate Litigation Database

RCC Ruling on Shell “Drive CO2 neutral” 2

Geography
Year
2021
Document Type
Litigation

About this case

Filing year
2021
Status
Decided
Court/admin entity
NetherlandsReclame Code Commissie (RCC)
Case category
Suits against corporations, individuals (Global)Corporations (Global)Misleading advertising (Global)
Principal law
NetherlandsCode for Environmental Advertising
At issue
Whether Shell's advertisement on Shell's truck is misleading because it implies that Shell is CO2 neutral.

Documents

Filing Date
Document
Type

Summary

At the core of the complaint was an advertisement by Shell displaying a Shell truck with an image of a rainforest in the background stating: "I AM CO2 NEUTRAL. ON THE WAY. ARE YOU?" The complainant alleged that Shell's statement on CO2 neutrality was misleading, referring to Shell's inaction on reducing CO2 emissions and the nature of Shell's business. The complainant referred to the District Court of the Hague's judgment on May 26, 2021 in Milieudefensie et al. v. Royal Dutch Shell plc. to highlight Shell's intentions. The complainant also argued that the rainforest wrongly suggested that Shell helped with the preservation of the rainforest. Shell, on the other hand, argued that it used carbon offsetting to reach carbon neutrality. Shell also argued that the "I" referred to the displayed truck, and not the company as a whole. Lastly, Shell stated that the rainforest was an example of the CO2 compensation programs. The RCC held that the slogan could be interpreted in various ways, and that it was unclear that it only referred to the truck. The RCC considered the slogan to be misleading as the cargo (fossil fuel) and the company itself were not CO2 neutral. Thus, the RCC considered the advertisement to be in breach of article 2 of the Code for Environmental Advertising. In its ruling, the RCC referred to the reasoning of the RCC's Ruling on Shell "Drive CO2 neutral" 1.