ARB dismisses TotalEnergies’ appeal in landmark greenwashing case

12 December 2024:- The Advertising Regulatory Board (ARB) of South Africa has rejected an appeal by fossil fuel giant TotalEnergies, upholding a complaint lodged in May this year by climate activist project Fossil Ad Ban (FAB).

The ruling is a landmark decision signalling that “South African public watchdogs will not be fooled by corporate greenwashing, and that public sentiment is shifting away from heavy polluters who are wrecking our climate and threatening our future,” said FAB campaign manager Lazola Kati.

The FAB complaint was the first greenwashing case that the ARB had ever received. It found that TotalEnergies could not claim a commitment to “sustainable development” in an advertisement on its website about its sponsorship of SANParks.

TotalEnergies appealed against this ruling in August. In its verdict on the appeal, the ARB Directorate acknowledged TotalEnergies’ nature conservation efforts but found that the company’s claim to support sustainable development was ambiguous, misleading or “at the very least exaggerated” given its continued exploitation of fossil fuels.

A “sensible reader” would understand the claim to mean that “Total is committed to ending the exploitation of fossil fuels, and (to) the use of clean energy sources. But there is nothing in the advertisement or the content of the appeal that justifies such a claim,” the ARB ruling stated.

“The significant harm to society and sustainable development that results from the exploitation of fossil fuels requires more than the SANParks activities (on environmental education and promotion of South Africa’s natural and cultural heritage) undertaken in partnership with Total.”

Kati said that the verdict “strengthens the fight against greenwashing and highlights the need for honesty in advertising.”

“It serves as a critical reminder to companies, particularly fossil-fuel companies, that sustainability claims must be backed by substantial and transparent actions.”

She added that FAB is “deeply encouraged by the ARB’s commitment to protecting consumers and prioritising the public interest over corporate agendas. This ruling aligns with global efforts to combat greenwashing.”

Fossil Ad Ban campaigner Thameena Dhansay urged broader public engagement on greenwashing: “Our hope is that this milestone inspires climate activists and concerned citizens across Africa to take action. Greenwashing is not just a Global North issue. AsAfricans, we must confront these challenges head-on, holding corporations like TotalEnergies accountable for the harm they cause on our continent. By standing together, we can protect our communities from the worsening impacts of climate change and drive meaningful change for a sustainable future.”

FAB invites individuals, organisations, businesses, and government entities to sign a pledge in support of transparency, accountability, and action against greenwashing in South Africa. Signatories express their support for legislation to ban fossil fuel advertising and combat greenwashing, and commit to refusing partnerships and advertising efforts from fossil fuel companies. Add your voice here.

Background on the Fossil Ad Ban campaign

The Fossil Ad Ban campaign (FAB) is a programme of Fossil Free South Africa, working to persuade SA regulators to ban fossil fuel advertising, in line with United Nations recommendations. Drawing inspiration from similar campaigns across Europe, Australia and Canada, FAB is the first of its kind in Africa. Just as restrictions on tobacco advertising reshaped society's views on smoking, stronger regulations for fossil fuel advertising can redefine our stance on energy sources