TotalEnergies - French Ruling on Climate Misrepresentation May Inspire African Litigation Against Polluters

A Landmark Ruling in France and Its Implications for Africa

A recent court ruling in France has set a significant precedent for corporate accountability, particularly in the context of climate change. The Paris Judicial Court found the global oil and gas giant TotalEnergies guilty of misleading commercial practices, marking the first time a fossil fuel company has been punished for greenwashing. This case was brought by three environmental organizations, which argued that TotalEnergies' advertising campaigns falsely portrayed the company as a leader in the energy transition.

Understanding Greenwashing and Its Consequences

Greenwashing refers to the practice of making misleading or exaggerated claims about the environmental benefits of a product, service, or company. In this case, TotalEnergies’ advertisements suggested that the company was actively working towards reducing its carbon footprint and achieving net zero emissions by 2050. However, the company’s greenhouse gas emissions have been increasing every year, raising serious questions about the authenticity of its claims.

The environmental organizations argued that these advertisements misled consumers into believing that TotalEnergies had a climate plan aligned with the Paris Agreement's goal of limiting global warming to less than 1.5°C above pre-industrial levels. To meet this target, global greenhouse gas emissions need to drop by 43% by 2030, requiring a drastic reduction in fossil fuel use.

The court agreed that TotalEnergies’ advertisements would be understood by the average consumer as a claim that the company was part of the fight against climate change. This ruling highlights the importance of transparency and accuracy in corporate environmental claims.

Legal Implications and Future Impact

The French court's decision is a landmark moment in corporate accountability and climate litigation. It underscores the need for companies to not only make climate pledges but also ensure that these pledges are backed by clear targets and scientifically verifiable actions. The judgment could pave the way for consumers to hold corporations accountable for climate advertising claims in national and regional African courts.

This ruling demonstrates that civil society can use consumer protection laws to act against big polluters before regulators do. For Africa, this means that governments must ensure their consumer and advertising laws protect society from misleading greenwashing.

Controversial Energy Projects in Africa

TotalEnergies operates oil and gas projects in 43 African countries. The company is often perceived as controversial due to its large-scale projects that have been associated with environmental pressures and climate-related concerns. In August 2024, TotalEnergies decided to stop gas exploration in South Africa's offshore blocks but later announced plans for offshore drilling in South Africa in 2026, pending environmental approvals.

In Mozambique, TotalEnergies has completed only 40% of a US$20 billion gas project that it paused for four years due to insurgent attacks in the Cabo Delgado region. The company faces potential challenges from the government for requesting a 10-year contract extension to compensate for the extra costs caused by the delay.

TotalEnergies is also involved in the East African Crude Oil Pipeline in Uganda and Tanzania. Non-profit organizations there describe the pipeline as a "humanitarian and environmental disaster."

Legal Framework and Enforcement

In France, greenwashing is regulated under the French Consumer Code, which requires companies' environmental claims to be accurate, verifiable, and not misleading. The French court ruled that TotalEnergies misled the public by claiming it would reach net zero, which amounted to unfair and prohibited commercial practices.

The court ordered TotalEnergies to stop its greenwash advertising and publish the ruling on its website for 180 days or face a penalty of €20,000 (US$23,000) per day. The company was also ordered to pay €8,000 (US$9,230) to the plaintiffs for causing non-financial harm.

What is new legally is that the court did not just look at TotalEnergies' greenhouse gas emissions to judge whether it was following climate rules. It checked whether the company's future climate promises matched the legally binding Paris Agreement goal of limiting warming to 1.5°C higher than the global temperature was before 1760.

Global Context and Climate Law Evolution

The judgment follows several cases where the European Court of Human Rights has found that countries are not doing enough to prevent further climate damage. For example, the court found that Switzerland had not developed enough climate policy to protect citizens' rights to life. It also found that Norway must conduct full climate impact assessments before approving new oil and gas projects.

Both the International Court of Justice and the International Tribunal for the Law of the Sea have stated that countries must make every effort to take precautions against human-caused greenhouse gas emissions. The International Court of Justice has also confirmed that a clean, healthy, and sustainable environment is a human right.

Together with the TotalEnergies greenwashing ruling, these judgments reflect a deeper transition in climate law. The law has moved from regulating what polluters emit to scrutinizing what they represent.

What’s Next for Africa

The African Charter on Human and Peoples' Rights already recognizes that people have the right "to a general satisfactory environment favourable to development." The court ruling makes it clear that misleading climate claims violate this right to clean development.

The ruling also makes it plain that greenwashing is a breach of consumer rights. For Africa, this means all governments must ensure that their consumer and advertising laws protect society from misleading greenwashing.

South Africa's Consumer Protection Act, Nigeria's Federal Competition and Consumer Protection Act, and Kenya's Competition Act already prohibit misleading claims by advertisers. And South Africa has been the first to test this law against climate communication. In August 2024, the South African Advertising Regulatory Board found TotalEnergies guilty of misleading sustainability advertising.

Overall, the ruling shows that misleading "green" or "carbon-neutral" claims could lead to legal action in African courts. For consumers, investors, and policymakers, the lesson is clear: companies must be honest about their climate actions.