The use of the term ‘Sustainable Aviation Fuels’ in B2C commercial communications

Concern has arisen as to the legal conditions under which the aviation industry can use the term “sustainable aviation fuels” (SAF) in commercial communications targeting European consumers. In particular, the question has emerged of whether and to what extent the so-called ReFuelEU Aviation Regulation (Regulation (EU) 2023/2405) involves that airlines can lawfully use the term SAF in B2C commercial communications.

This memo establishes that the conditions for the lawful use of environmental claims pertaining to alternative aviation fuels in B2C commercial communications are governed by the Unfair Commercial Practices Directive (UCPD, Directive 2005/29/EC) as recently amended by the Directive Empowering Consumers for the Green Transition Directive (Directive (EU) 2024/825). The ReFuelEU Aviation Regulation does not overrule the provisions of the UCPD. Moreover, the Regulation does not provide a safeguard against the application of the UCPD to B2C commercial communications involving the term SAF, nor does it immunizes airlines against enforcement action under the UCPD.

Based on grammatical, structural and teleological interpretation of the applicable framework of EU law, it is considered that the general use of the term SAF in B2C commercial communications is prohibited on several legal grounds of the UCPD. Only to the extent that the term SAF and the environmental impact of these alternative fuels are clear, specific, accurate and substantiated, the use of the term may be considered lawful. However, the threshold of meeting these requirements is high, as evidenced by the legislative guidance and case law at EU and national level.