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Airlines could be exposed to potential legal action if they use the term “sustainable aviation fuel” (SAF), according to a new report released by climate change NGO Opportunity Green.
In a legal analysis published on July 16, Opportunity Green said the aviation sector uses SAF as a “vague umbrella term” to describe fuels with varying sustainability credentials.
“This lack of clarity can mislead consumers and investors, and use of the term ‘SAF’ may therefore even break the law,” Opportunity Green said.
Aviation Week checked this claim with Aviation Advocacy MD Andrew Charlton, a consultant who was previously Qantas chief legal officer and director of government affairs for IATA.
“Their argument has legs. It’s certainly not instantly dismissible as a joke, or anything like that,” Charlton said. “I don’t think it’s right to argue that something that is ‘less unsustainable’ is necessarily sustainable. I think it’s really quite on the line. I don’t think it’s a slam dunk for the environmentalists, but I don’t think it’s a slam dunk the other way around.”
Opportunity Green is calling on fuel producers, airlines, investors and aviation stakeholders to use the term "alternative fuel" instead, and to provide “complete information” about the fuel’s lifecycle impact.
“As alternative fuels go mainstream, regulators and courts have made it clear: green labels cannot mislead and should not be used as a shortcut to public trust,” Opportunity Green legal officer Olivia Moyle said. “Precise terminology is critical: mislabeling fuels as ‘SAF’ without robust evidence risks misleading consumers and investors, breaching legal obligations and inviting legal challenge for greenwashing.”
The NGO said the term SAF could also draw scrutiny under increasingly stringent financial regulations. “As confirmed in the UK Financial Conduct Authority’s anti-greenwashing rule, firms must robustly evidence the environmental impact of the fuels they label as sustainable, or risk investigation and enforcement action,” Opportunity Green said.
Over recent years, several airlines have been publicly reprimanded for misleading sustainability claims—either legally or by consumer watchdogs. One environmental body sent legal letters to all 71 airlines operating out of Amsterdam Schiphol Airport, following a legal case against KLM.