A New Threshold in Sustainability Communication: Greenwashing is Now a Legal Risk

What does the TotalEnergies decision mean?

Sustainability communication has long been debated not only in terms of environmental performance, but also how it is communicated. One of the most concrete and binding examples of these debates in Europe emerged with the conviction of the energy company TotalEnergies in France.

A French court has ruled that the company engaged in "misleading advertising on climate issues," bringing the concept of greenwashing to a legal standpoint for the first time on this scale. The decision is considered a significant turning point not only for France but also for the future of sustainability communication across Europe.

Why was the lawsuit filed?

The process began with a lawsuit filed in March 2022 by Greenpeace, ClientEarth, and Friends of the Earth France. The environmental organizations argued that TotalEnergies' claims of being "carbon neutral by 2050" and "leading the energy transition" while continuing its fossil fuel-based operations were misleading to consumers.

The court ruled that these statements could be considered "misleading business practices." The decision specifically highlighted the lack of measurable and verifiable data supporting the environmental claims.

The Chasm Between "Green" Discourse and Operational Reality

TotalEnergies revamped its brand identity in 2021, highlighting its wind and solar energy investments and adopting a language centered on energy transition in its communications. However, the court's key point was clear: more than 97% of the company's revenue still came from fossil fuels.

Faced with this situation, the court ruled that the advertising statements used did not reflect the current reality. The company was ordered to remove the relevant statements from all promotional materials, publish the court decision on its website for 180 days, and face a daily fine of €20,000 if it fails to comply. Furthermore, the company was ordered to pay compensation to environmental organizations and cover legal costs.

A New Era in Sustainability Communication

This decision clearly demonstrates that companies must now support their environmental commitments not only with vision statements but also with real operational data. With increasing regulatory pressure in Europe, sustainability communication is transforming from a marketing strategy into a strategic and legal responsibility.

Greenwashing discussions are no longer just an "ethical" problem; they are now directly addressed in relation to reputation, trust, and legal risks. Where Does Greenwashing Begin?

Greenwashing often arises not from malicious intent, but from poor communication choices. For example:

• Presenting goals, for which a roadmap has not yet been clearly defined, as "definite promises,"

• Presenting projects that constitute only a small fraction of total activities as if they represent the entire company,

• The use of concepts such as carbon neutrality, net-zero, or energy transition without specifying their technical scope,

• Transforming environmental claims, lacking third-party verification, into marketing messages.
  

Such statements may seem ambitious and positive at first glance. However, in the eyes of regulators and the public, any discourse not supported by transparency now poses a questionable risk.

Why is expertise necessary?

Sustainability communication today is not just about "what you say," but also when, how much, and in what context you say it. Communications that lack a grasp of regulations, are detached from operational realities, or fail to accurately translate technical language can put companies in difficult positions, even if they are well-intentioned.

Therefore, the sustainability narrative should not be approached through advertising language, but rather as a specialized field where data analysis, regulatory knowledge, and communication experience intersect.

Oblo's Approach

At Oblo, we view sustainability not as a "claim to be embellished," but as a reality to be framed correctly. Our aim is not to exaggerate what brands do, but to help them explain their achievements in an accurate, balanced, and defensible way. Because ultimately, trust stems from consistency, not claims.