New FFSA victory marks milestone on greenwashing
The Advertising Regulatory Board's appeal committee has dismissed TotalEnergies' appeal against a verdict in our favour − a warning to fossil fuel companies against greenwashing
Fossil fuel companies can no longer advertise that they are committed to sustainability in South Africa without being shown up for greenwashing.
This is the upshot of a ruling last week by the appeals committee of the South African Advertising Regulatory Board (ARB), responding to an appeal by TotalEnergies.
It followed an earlier verdict largely in Fossil Free SA’s favour.
The new ruling found that TotalEnergies’ claim regarding “sustainable development” in an advertisement about its support of SANParks was “at the very least exaggerated,” or alternately, “ambiguous”.
“A reasonable reader or consumer would understand the exaggerated or ambiguous 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 ruling concluded:
“In this regard, we agree with the Directorate that it is an important contextual matter that Total is an oil company that exploits fossil fuels. It is well documented that the use of fossil fuels leads to climate change and defeats sustainable development. To show commitment to reverse or contain this requires more than just partnership with SANParks of the type based on the activities shown in Total’s appeal.”
‘Public watchdogs will not be fooled’
In May 2024, FFSA project Fossil Ad Ban (FAB) lodged a complaint with the ARB against Total Energies. It was the first greenwashing complaint that the ARB had ever received.
The ARB is the advertising industry’s self-regulating body. In response to our complaint, it ruled that TotalEnergies could not claim it was committed to “sustainable development” in its advertisements about sponsoring SANParks.
TotalEnergies appealed against this ruling in August 2024, and we gave substantial input in response.
FAB campaign manager Lazola Kati described the appeal committee’s rejection of the appeal as a “landmark decision signaling 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.”
The verdict “strengthens the fight against greenwashing and highlights the need for honesty in advertising,” she said. “It serves as a critical reminder to companies, particularly fossil-fuel companies, that sustainability claims must be backed by substantial and transparent actions.”
Greenwashing ‘not just a Global North issue’
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. As Africans, 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.”
Support for a ban on fossil fuel advertising
FAB invites individuals, organisations, businesses, and government entities to sign a pledge expressing their support for legislation to ban fossil fuel advertising and combat greenwashing, and their commitment to refuse partnerships and advertising efforts from fossil fuel companies. Add your voice here.
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.