Decision

Initial assessment: a complaint against British Airways plc by Possible: the 10:10 Foundation

Published 16 March 2026

1. The UK National Contact Point’s (NCP) Initial Assessment process is a decision on whether the issues raised in the complaint warrant further examination. It does not determine whether the respondent has acted consistently with the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct (the ‘guidelines’). 

Summary of the UK NCP decision

2. The complaint has been raised by Possible: the 10:10 Foundation (‘the complainant’) against British Airways plc (‘the respondent’).

3. The complainant alleges that the respondent failed to observe paragraphs in Chapter VI ‘Environment’ and Chapter VIII ‘Consumer Interests’ of the guidelines. Specifically, the complainant alleges that the respondent has made several misleading statements about its efforts to address the environmental impact of its business activities.

4. The OECD guidelines were updated in June 2023. The complaint details alleged breaches of the 2023 guidelines, but as the complainant alleges the statements in question were published prior to June 2023, the UK NCP has assessed the complaint against the relevant sections of the 2011 guidelines. However, where the statements in question cited in the complaint were still present on the respondent’s websites after June 2023, the UK NCP has also assessed these against the 2023 guidelines.

5. After conducting an initial assessment of the complaint, the UK NCP has decided that elements of this complaint warrant further consideration under the following paragraphs of the 2011 and 2023 guidelines:

• Chapter VI, paragraph 2(a) ‘Environment’ (2011)

• Chapter VI, paragraph 6(c) ‘Environment’ (2011)

• Chapter VIII, paragraph 2 ‘Consumer Interests’ (2011)

• Chapter VIII, paragraph 4 ‘Consumer Interests’ (2011 and 2023 guidelines)

6. Pursuant to Section 4 of the UK NCP’s Procedures for Dealing with complaints^{[footnote 1]}, the UK NCP will now offer mediation to both parties. The scope of the mediation offer will cover only those elements of the complaint warranting further consideration with respect to the specific paragraphs of the OECD guidelines accepted by the UK NCP at the initial assessment stage.

7. The decision to accept elements of the complaint for further examination is not a finding against the respondent and does not mean that the UK NCP considers that it has acted inconsistently with the OECD guidelines.

Substance of the complaint 

8. The complaint was raised with the UK NCP on 23 November 2023. The complainant alleges that the respondent has failed to comply with the following provisions of the 2023 guidelines (see Annex B): 

• Chapter VI, paragraphs 1(d), 3, and 5(c) 

• Chapter VIII, paragraphs 2, 4 and 5

9. The complainant alleges that the respondent has published misleading and inaccurate statements in some of its public statements, advertising, and communications regarding its efforts to reduce the environmental impact of its activities. The complainant also argues that these “relevant statements” also potentially breach UK regulations and various other frameworks and guidelines relating to environmental claims in the advertising of goods and services to consumers, which are outside the scope of the guidelines.

10. The complainant alleges that the respondent’s statements “individually and collectively” overstate the impact of its efforts to reduce its environmental impact, grouping these into 4 areas, which are described in more detail in the following paragraphs. The complaint cites an extensive number of individual statements and images which are alleged to be misleading, set out in an Annex of more than 20 individual statements which are alleged to have breached the guidelines. This report does not cite all these statements. Rather, a few examples are stated to demonstrate the nature of the concerns raised.

11. Claims about reducing emissions: the complainant highlights statements from the respondent’s website that it has a longstanding history of managing and reducing its carbon emissions, which the complainant alleges are inaccurate. The complaint highlights statements on the ‘Planet’ page of the respondent’s website that “we care about the impact of every flight”, and that “we’re driving urgent action towards net zero emissions. We have a long history of managing and reducing our carbon emissions and a clear roadmap to achieving net zero carbon emissions by 2050.” The complainant raises concerns about the ‘Sustainability at British Airways 2023’ document, in which the airline claims it is “reducing our emissions”.

12. The complainant alleges that the respondent fails to offer important context regarding its fuel-saving measures and environmental performance, and further states that the respondent lobbied the UK Government against introducing requirements to disclose emissions data to customers booking flights.

13. The complainant alleges these statements on reducing carbon emissions breach paragraphs 1(d) and 5(c) of Chapter VI, and paragraphs 2, 4 and 5 of Chapter VIII of the 2023 guidelines. These correspond to paragraphs 2(a) and 6(c) of Chapter VI and paragraphs 2, 4 and 5 of Chapter VIII of the 2011 guidelines.

14. Claims about efficiency: the complainant alleges that the respondent portrays its acquisition of new, more fuel-efficient aircraft in its 2020 Sustainability Report and various press statements as an environmental measure, when in fact this was undertaken for commercial rather than environmental reasons. The complaint cites the statements that the respondent had “invested in new aircraft which are up to 40% more fuel-efficient than those they replace” and that “many of our older aircraft have been retired and we continue to take delivery of the most modern, fuel-efficient aircraft, such as the Airbus A350 that are up to 40% more fuel-efficient per seat than the aircraft they replace.”

15. The complaint alleges that these statements are misleading because any efficiency gains will not counterbalance increased emissions from the growing demand for flights, and that the respondent’s flights generate more emissions relative to other airlines.

16. The complainant alleges these claims breach paragraphs 1(d) and 5(c) of Chapter VI and paragraphs 2 and 4 of Chapter VIII of the 2023 guidelines. These correspond to paragraphs 2(a) and 6(c) of Chapter VI and paragraphs 2 and 4 of Chapter VIII of the 2011 guidelines.

17. Claims about carbon credits: the complainant cites a number of statements to support its allegation that the respondent’s claims about carbon credits are “misleading, incomplete and confusing”, and gave examples in relation to carbon credits, carbon removals, failure to address non-carbon-dioxide (CO2) impacts and claims about the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). The statements referenced on the respondent’s website and ‘Sustainability at British Airways 2023’ document include claims that the airline’s use of offsets allows customer to “Fly carbon neutral”, references to customers being able to “address their emissions” and “act on their carbon emissions” as well as the following statement: “Our carbon solutions are verified by comprehensive certification standards to ensure that your contribution creates a positive climate impact.”

18. The complainant argues these statements give the misleading impression that the carbon credits offered to customers make its flights carbon neutral and can have a positive environmental impact and are also misleading because these carbon credits do not address the impact of non-carbon emissions. Other examples of allegedly misleading statements relate to the respondent’s 2020 annual report which the complainant states give a misleading impression of the respondent’s involvement in CORSIA scheme.

19. The complainant alleges these claims about carbon credits breach paragraphs 1(d), 3 and 5(c) of Chapter VI and paragraphs 2 and 4 of Chapter VIII of the 2023 guidelines. These correspond to paragraphs 2(a), 4, and 6(c) of Chapter VI and paragraphs 2 and 4 of Chapter VIII of the 2011 guidelines.

20. Claims about alternative fuels: the complainant alleges that the respondent’s use of the term “Sustainable Aviation Fuel” in various press statements and on its websites is inherently misleading. The complainant also alleges that the respondent gives a misleading impression of the potential of the use of such fuel to reduce overall emissions given its emissions profile and availability. The complainant alleges these claims breach paragraphs 1(d), and 5(c) of Chapter VI and paragraphs 2 and 4 of Chapter VIII of the 2023 guidelines. These correspond to paragraphs 2(a) and 6(c) of Chapter VI and paragraphs 2 and 4 of Chapter VIII of the 2011 guidelines.

21. The complainant requests that the respondent take the following actions:

• withdraw the statements in question
• publish corrective statements on the sustainability section of its website and next company annual report, publish a statement drawing attention to this fact as well as noting that demand management will be required for the aviation sector to contribute to the UK’s climate commitments
• ensure that it does not make similar claims in its future statements

22. The respondent accepted the invitation from the UK NCP to respond to the complaint and contested the complainant’s characterisation of its statements. The respondent maintains that:

• the complainant has taken its statements out of context
• its statements are accurate and substantiated
• its statements comply with relevant UK law on environmental claims related to goods and services
• its statements are not misleading as to the overall environmental impact of its activities​​​​​​​​​​​​​​​​

23. The respondent also argued that the substance of the complainant’s allegations is directed at the airline industry in general and the then-UK Government’s policy in relation to the climate impact of commercial aviation, and that the NCP process was not the appropriate one in which to address this.

24. A timeline and details of the UK NCP handling process can be found in Annex A.

UK NCP decision

25. The UK NCP has decided that 4 paragraphs under 2 chapters cited in the complaint warrant further consideration. The UK NCP’s decision to accept these paragraphs does not mean that it considers the respondent to have acted inconsistently with the OECD guidelines.

26. The UK NCP considers that the following paragraphs of the 2011 and 2023 guidelines warrant further consideration:

• Chapter VI paragraph 2(a) ‘Environment’ (2011)

• Chapter VI paragraph 6(c) ‘Environment’ (2011)

• Chapter VIII paragraph 2 ‘Consumer Interests’ (2011)

• Chapter VIII paragraph 4 ‘Consumer Interests’ (2011 and 2023)

27. The conclusions reached by the UK NCP in this initial assessment are based on the information provided by the parties to the complaint.

28. The UK NCP considers that accepting this complaint would contribute to the effectiveness of the OECD guidelines, as offering good offices could facilitate an exchange of dialogue between the parties and potentially improve the quality of environmental information presented to the public by multinational enterprises.

29. In reaching the decision on whether the complaint warrants further examination, the UK NCP has considered the criteria set out in the OECD guidelines as follows:

• identity of the party concerned and its interest in the matter

• whether the issue is material and substantiated

• whether the issues are covered by the OECD guidelines

• whether there seems to be a link between the enterprise’s activities and the issue raised in the specific instance

• the extent to which applicable law or parallel proceedings limit the NCP’s ability to contribute to the resolution of the issue or the implementation of the guidelines

• whether the examination of the issue would contribute to the purpose and effectiveness of the guidelines

Identity of the party concerned and their interest in the matter

30. The OECD Guide for NCPs on the Initial Assessment of Specific Instances states that the complainant(s) should have some interest in the matters they raise in their submissions: “Organisations with mandates or objectives related to certain Responsible Business Conduct related themes may also have an interest in issues touching on those themes (for example., instances of environmental harm, forced labour etc.). An NCP may consider the mandate of an organisation as well as its stated objectives, while considering the legitimacy of its interests in the matter.”^{[footnote 2]}

31. The complainant is Possible: the 10:10 Foundation, a charitable incorporated organisation which is registered with the Charity Commission in England and Wales. It advocates for action to reduce carbon emissions with the aim of making the UK a zero-carbon society. 

32. The UK NCP is satisfied that the complainant is an organisation with a mandate or objective relevant to the issues raised in the complaint.

Whether the enterprise is covered by the guidelines

33. Although the OECD guidelines do not include a single definition of the term “multinational enterprise,” it reads: “The international nature of an enterprise’s structure and its commercial form, purpose, or activities are main factors to consider in this regard”^{[footnote 3]}.

34. The respondent is a UK-registered company and maintains its corporate headquarters in the UK. As an international airline, it operates flights to many different countries and therefore has a presence in these countries. In addition, it forms part of a larger group of European airlines owned by the International Airlines Group, which is registered in Spain and maintains a corporate headquarters in the UK, providing centralised services to its subsidiaries.

35. The UK NCP finds that the respondent is a multinational enterprise covered by the guidelines. The UK NCP finds it to be appropriate to undertake an initial assessment of this complaint.

Whether the issue is material and substantiated

36. “Material” is defined as being “relevant to the implementation of the guidelines”^{[footnote 4]}. This means not only that the issue needs to fall within the scope of the guidelines, but also that it should be presented as an actual or potential breach of one or more recommendations contained in the guidelines, the redress of which would advance the implementation of the guidelines. 

37. “Substantiated” is defined as “supported by sufficient and credible information”^{[footnote 5]}, meaning that the allegations made by the submitter on the issues should appear credible to the NCP based on the information available. 

38. The complainant has alleged that numerous public statements (provided in the complaint and an Annex) by the respondent making claims about its efforts to reduce the environmental impact of its activities are misleading and inaccurate. The complainant has summarised these under 4 categories. These are set out, together with the sections of the 2023 guidelines they are alleged to breach, and the corresponding 2011 guidelines: 

Misleading claims about reducing emissions:

• Chapter VI paragraphs 1(d) and 5(c)
• Chapter VIII paragraphs 2, 4 and 5 (2023)
• Chapter VI paragraphs 2(a) and 6(c)
• Chapter VIII paragraphs 2, 4 and 5 (2011)

Misleading claims about efficiency:

• Chapter VI paragraphs 1(d) and 5(c)
• Chapter VIII paragraphs 2 and 4 (2023)
• Chapter VI paragraphs 2(a) and 6(c)
• Chapter VIII paragraphs 2 and 4 (2011)

Misleading claims about carbon credits

• Chapter VI paragraphs 1(d), 3 and 5(c)
• Chapter VIII paragraphs 2 and 4 (2023)
• Chapter VI paragraphs 2(a), 4 and 6(c)
• Chapter VIII paragraphs 2 and 4 (2011)

Misleading claims about alternative fuels

• Chapter VI paragraphs 1(d) and 5(c)
• Chapter VIII paragraphs 2 and 4 (2023)
• Chapter VI paragraphs 2(a) and 6(c)
• Chapter VIII paragraphs 2 and 4 (2011)

39. In its assessment, the UK NCP examined all information provided by the complainant and respondent, including material hosted on the respondent’s website, press releases issued to the media, and other company publications, which contain the “relevant statements” highlighted by the complainant.

40. The complainant also cited news articles, research reports published by Non-Governmental Organisations, scientific papers, and reports from official European Union and United Nations bodies.

41. The UK NCP has concluded that some elements of the issues raised by the complainant related to claims about reducing emissions and efficiency are material and substantiated and warrant further consideration. The UK NCP has rejected the elements of the complaint related to the respondent’s statements on carbon credits and alternative fuels. Further detail on the elements accepted or not accepted follows. 

Claims about reducing emissions

42. The complainant highlighted the respondent’s statement on its website that it “has a long history of managing and reducing our carbon emissions” and its statement in a media factsheet published in February 2022 that it was “reducing our emissions”, arguing that these are factually inaccurate. The complainant cited the respondent’s 2020 Sustainability Performance report, Corporate Responsibility Report for 2010/11, and 2006/2007 Environmental Overview report showing increases in its overall carbon emissions over time, with exceptions related to the 2008 financial crisis and 2019 Covid-19 pandemic. The complainant argues that these statements breach paragraph 1(d) of Chapter VI and paragraph 4 of Chapter VIII of the 2023 guidelines, which correspond to paragraph 2(a) of Chapter VI and paragraph 4 of Chapter VIII of the 2011 guidelines.

43. In respect of the alleged breach of these paragraphs of the guidelines, the respondent argues that its statement that it “has a long history of managing and reducing our carbon emissions” is factually accurate as it became the first airline to report on its carbon emissions more than 20 years ago and began to participate in the UK’s emissions trading scheme in 2003.

44. The respondent argued that the complainant’s highlighting of its statement that it was “reducing our emissions” in its February 2022 online media factsheet takes it out of the context of its wider reporting on its sustainability efforts in this report. The respondent argues that this report makes it clear that its overall goal is to address the growth in carbon emissions from aviation through a variety of different means with the long-term goal of reaching carbon neutrality by 2050, which would not lead readers to believe that its emissions have historically decreased.

45. The UK NCP considers that based on the information supplied related to the respondent’s overall carbon emissions, the claims related to the factual accuracy of the respondent’s statement that it “it has a long history of managing and reducing its carbon emissions” is substantiated and warrants further consideration under paragraph 4 of Chapter VIII (“Consumer Interests”) of the 2011 guidelines. As this statement was still present on the respondent’s corporate website at the time the complaint was received by the UK NCP in November 2023, this also warrants further consideration with respect to paragraph 4 of Chapter VIII of the 2023 guidelines.

46. The UK NCP does not accept that the complainant’s allegations that claims related to the factual accuracy of the respondent’s statements about reducing emissions warrant further consideration in relation to Chapter VI paragraph 2(a) (2011) or 1(d) (2023) of the guidelines. The UK NCP considered that there is information to suggest that the respondent published information on its overall carbon emissions, so this allegation has not been substantiated.

47. The complainant states that the respondent’s presentation of fuel saving measures in its 2022 media factsheet are misleading, in that the respondent fails to provide appropriate contextual information, breaching paragraph 1(d) of Chapter VI of the 2023 guidelines, which corresponds to paragraph 2(a) of the 2011 guidelines. Specifically, the complainant argues that the information presented on fuel saving measures, which state by how much carbon emissions have been reduced by these measures, should be accompanied by information on the overall scale of the respondent’s emissions. 

48. The UK NCP has concluded that further consideration of the complainant’s allegations that the respondent did not properly contextualise its fuel-saving measures in breach of the guidelines is not warranted. The UK NCP considers that the respondent’s February 2022 online media factsheet contained information about its fuel-saving measures in the wider context of its short, medium and long-term efforts to reduce carbon emissions up to 2050. The respondent also noted that it has removed references to these fuel-saving measures from sustainability reports published subsequently.

49. The complainant also alleges that the respondent breached paragraph 5(c) of Chapter VI and paragraphs 2 and 5 of Chapter VIII of the 2023 guidelines (corresponding to paragraph 6(c) of Chapter VI and paragraphs 2 and 5 of Chapter VIII of the 2011 guidelines) in lobbying the UK Government against a proposal to require airlines to inform customers of their flight’s carbon emissions when booking. This is in relation to the company’s response to a UK Government consultation which sought views on this and several other proposals in 2021. The UK NCP has concluded further consideration of the complainant’s allegation that the respondent’s lobbying of the UK Government breached the guidelines is not warranted as the UK NCP does not consider responding to a consultation as falling under the material scope of the guidelines. In addition, the report cited makes clear that the response to the consultation came from the respondent’s parent company, which is not the subject of this complaint. 

Claims about efficiency

50. The complainant alleges that the respondent made misleading claims related to its efforts to reduce its environmental impact by increasing the fuel efficiency of its aircraft in breach of paragraphs 1(d) and 5(c) of Chapter VI (“Environment”) and paragraphs 2 and 4 of Chapter VIII (“Consumer Interests”) of the 2023 guidelines. These correspond to paragraphs 2(a) and 6(c) of Chapter VI and paragraphs 2 and 4 of the 2011 guidelines.

51. The complainant highlighted the respondent’s claims about replacing older aircraft with newer, more fuel-efficient models in various statements to the media and its 2020 sustainability performance report.

The complainant argued that the respondent’s statements about increasing its fuel efficiency in this way were misleading because they did not acknowledge that the respondent’s environmental performance is lower in comparison to other airlines. They cited research from a consumer affairs organisation. The complainant also argued that any reduction in emissions related to efficiency would not counterbalance emissions stemming from the growing demand for flights.

52. In its response, the respondent noted that the complainant did not dispute that its new aircraft were more fuel efficient, and that it had also undertaken other measures to save fuel such as using lighter equipment on board its aircraft. It argued that its subsequent sustainability reports made it clear that its efforts to increase efficiency were a single component of its short, medium and long-term measures to reduce its carbon emissions and would not, by itself, counteract growth in emissions. It also demonstrated that its February 2022 media factsheet stated that its carbon emissions were projected to increase because of growth in demand if not addressed by sustainability measures, superseding its previous reports. 

53. The respondent argued that the complainant had mischaracterised its performance versus other airlines and did not evaluate relevant factors (such as the type of aircraft operated and load factors), as well as arguing that such comparisons were difficult to make due to different operating models across different companies. It added that it did supply information that made some comparison possible though its parent company’s engagement with the Transition Pathway Initiative and Climate Disclosure Project. In its response, it also noted that it did not present itself to consumers as a low-cost or low-carbon airline. 

54. The complainant also argued that the respondent’s statements about increasing fuel efficiency by retiring older aircraft were misleading because it had undertaken this as a cost-saving measure in response to the coronavirus (COVID-19) pandemic, rather than to reduce its environmental impact. The complainant highlighted statements in the respondent’s 2022 online media factsheet that it had retired its Boeing 747 aircraft “years earlier than planned”, contrasting this with a statement released by its then-CEO on the retirement of the jets that this had been a “heart-breaking decision to have to make.” 

55. The complainant offered no further evidence that environmental considerations were not a factor in the respondent’s decision making. The respondent noted that its CEO’s statement to the media acknowledged the impact of the Covid-19 pandemic in the decision, while also stating that the retirement of its Boeing 747 aircraft had been brought forward for environmental reasons.

56. The UK NCP considers that the information submitted by the complainant does not substantiate its claim that the respondent’s introduction of more fuel-efficient aircraft was not also a measure aimed at reducing carbon emissions in addition to reducing costs. 

57. However, based on the information supplied by the complainant related to efficiency in the overall context of the respondent’s environmental performance in relation to other airlines, the UK NCP has concluded that this element of the claims on efficiency warrant further consideration. These are in relation to Chapter VI (“Environment”), paragraphs 2(a), and 6(c) and Chapter VIII (“Consumer Interests”), paragraphs 2 and 4 of the 2011 guidelines, as these statements were published prior to the 2023 update of the guidelines.

Claims about carbon credits

58. The complainant alleges that the respondent made misleading claims related to carbon credits in breach of paragraphs 1(d), 3 and 5(c) of Chapter VI (“Environment”) and paragraphs 2 and 4 of Chapter VIII (“Consumer Interests”) of the 2023 guidelines. These correspond to paragraphs 2(a), 4 and 6(c) of Chapter VI and paragraphs 2 and 4 of Chapter VIII of the 2011 guidelines.

59. The UK NCP does not accept that these allegations are substantiated and therefore has concluded that they do not warrant further consideration with regard to the 2011 or 2023 guidelines.

60. The complainant alleged that statements in the respondent’s February 2022 online media factsheet said customers could “fly carbon neutral” and “act on” and “address their emissions” by purchasing carbon credits. The complainant also alleged that a statement on the respondent’s website said purchasing carbon credits would have “a positive climate impact”. They argued that these statements were misleading.

The complainant alleges that this language is likely to lead consumers to believe that purchasing these carbon credits would fully negate the environmental impact of their flight, and that consumers would also be unaware that the scale and duration of the removal of carbon from the atmosphere by some offsets is contested by scientific researchers.

61. The respondent stated that it removed the terms “carbon neutral” and “positive environmental impact” from its website prior to the complaint being received. The respondent also submitted a copy of this website, on which the durability of its carbon removals were contextualised with a statement in the ‘Frequently Asked Questions’ section: “It is important to note that different solutions have different levels of “durability” or “permanence” – referring to the length of time for which these solutions sequester the carbon.” The respondent indicated that the same webpage acknowledges that its flights emitted carbon despite the purchase of carbon credits, stating “your flight will still generate carbon emissions and your support of climate solutions does not directly reduce these emissions related to your flying.” The respondent also noted that this webpage contained links to the certification underlying each carbon credit scheme.

62. The complainant alleges that the respondent’s carbon credits website was also misleading because it did not acknowledge the environmental impact of emissions of gases other than CO2. The UK NCP considers that the respondent provided sufficient information that its carbon credits website acknowledged non-CO2 impacts exist and noted the respondent’s position that the correct methodology to account for these emissions is the subject on ongoing scientific debate, stating: “In addition to greenhouse gas emissions including CO2, aircraft also cause non-CO2 climate effects. Research into these effects and the appropriate metrics to characterise them continues. Radiative forcing is a metric or measurement basis that aims to combine the CO2 and non-CO2 climate effects. Given that the relative scale of impact is uncertain and subject to ongoing research, we are using a radiative forcing index of 1.” The respondent noted that its approach is aligned with the UN’s International Civil Aviation Organization. The UK NCP therefore does not consider this allegation to be substantiated and therefore does not warrant further examination.

63. The complainant alleges that respondent gives a misleading impression of its involvement in the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). The complainant highlights a statement from the respondent’s 2020 annual report which notes that its parent company “has announced a Climate Change strategy to meet target of net zero carbon emissions by 2050 and is implementing plans to meet this goal, including investment in sustainable fuels and participation in CORSIA”. The complainant alleges this implies the respondent’s involvement in CORSIA distinguishes it from its competitors rather than acknowledging that it is a mandatory scheme, and highlighted concerns about the viability of CORSIA as a means of reaching net zero reportedly expressed by some bodies.

64. The complainant did not offer any evidence or information as to why the respondent’s statement in its annual report implies its involvement in CORSIA distinguishes it from its competitors, or how it is misleading with respect to the effectiveness of CORSIA. The respondent submitted a copy of its website offering carbon credits to consumers, which notes that CORSIA entered into force in 2019, and imposed requirements on airlines to report and offset their emissions. The complainant does not therefore substantiate its allegation that the respondent has made misleading statements related to CORSIA.

Claims about alternative fuels

65. The complainant alleges that the respondent has made misleading claims related to alternative fuels in breach of 1(d) and 5(c) of Chapter VI (“Environment”) and paragraphs 2, and 4 of Chapter VIII (“Consumer Interests”) of the 2023 guidelines. These correspond to paragraphs 2(a) and 6(c) of Chapter VI and paragraphs 2 and 4 of the 2011 guidelines.

66. The complainant alleged that the respondent’s use of the term “Sustainable Aviation Fuel” (SAF) in its press releases and other publications is inherently misleading because it suggests this kind of fuel has no environmental impact, and its potential to reduce emissions varies according to the material used to produce it. The complainant also alleges that the respondent misrepresents the availability of SAF and overstates the levels of emissions reductions achievable by using it.

67. The respondent’s position is that that the term ‘SAF’ is standard terminology in the aviation industry, national governments, and international aviation bodies. The respondent noted that it was made clear in its February 2022 media factsheet and on its website that the supply of such fuel would need to be increased to meet emission reduction targets, and that its use would form only a part of overall emissions reductions measures. The respondent also stated that its claims for the overall reduction in lifecycle carbon emissions from the use of SAF was backed by scientific research.

68. The respondent also noted that, in some cases where it has quoted figures for lifecycle carbon emissions highlighted by the complainant, it has updated its website to remove these prior to the complaint being received.

69. The UK NCP does not accept that these allegations are substantiated and therefore has concluded that they do not warrant further consideration.

Whether there seems to be a link between the enterprise’s activities and the issue raised in the specific instance

70. The UK NCP has concluded that elements of the complaint related to the respondent’s statements falls within the scope of the guidelines, and that the complaint concerns the respondent’s own statements in relation to its business activities.

71. The UK NCP is therefore satisfied that there is a sufficient link between the enterprise and the issues raised.

72. The extent to which applicable law and/or parallel proceedings limit the NCP’s ability to contribute to the resolution of the issue and/or the implementation of the guidelines 

73. The guidelines state: “Matters covered by the guidelines may be the subject of domestic law and international commitments. The guidelines outline recommendations on responsible business conduct that may go beyond what enterprises are legally required to comply with. The recommendation from governments that enterprises observe the guidelines is distinct from matters of legal liability and enforcement.”^{[footnote 6]} Therefore, a situation where an enterprise has met domestic law requirements is not necessarily equivalent to a situation in which an enterprise observed the guidelines.

74. The complainant refers to several other regulations and frameworks in addition to the guidelines:

• The UK Consumer Protection from Unfair Trading Regulations 2008 (“the CPR”)

• The Competition and Markets Authority Green Claims Code

• The UK Code of Non-Broadcast Advertising (“CAP Code”)

• The International Chamber of Commerce’s Advertising and Marketing Communications Code (“The ICC Marketing Code”)

• The International Standards Organisation’s standard on green marketing claims, “ISO 14021:2016(E): Environmental labels and declarations – Self-declared environmental claims” (Type II environmental labelling)

75. In its response, the respondent also highlighted the CPR code, arguing that the statements highlighted by the complainant are in line with these regulations and therefore not likely to lead to mislead consumers or impact on their decisions.

76. No parallel proceedings related to these, or any other laws or regulations, were identified by the parties or by the UK NCP.

77. The UK NCP has therefore assessed this complaint exclusively in respect to the guidelines.

Whether the examination of the issue would contribute to the purpose and effectiveness of the guidelines

78. In regard to the stated purpose of the guidelines, this is assessed on the basis of whether further examination of the issues would address the concerned company’s adverse impacts on people, planet and society, but also whether, in general, it would enhance the contribution of business to sustainable development or economic, environmental and social progress.

79. In regard to the effectiveness of the guidelines, this is assessed on the basis of whether facilitating an exchange between the parties, discussing the issues and expectations of the guidelines with the enterprises in question, or developing meaningful recommendations with respect to enterprise’s conduct would support or encourage the resolution of the issues. However, a lack of willingness to engage by one party should not be a reason to not accept a case as NCP statements which include meaningful recommendations can be an effective way to contribute to the resolution of issues.

80. The UK NCP considers that accepting this complaint would contribute to the purpose and effectiveness of the guidelines, as offering good offices could facilitate an exchange of dialogue between the parties, which could in turn lead to improved environmental information being presented to the public by multinational enterprises.

Next steps

81. Under section 4 of the UK NCP Procedures for Dealing with Complaints, the UK NCP will offer mediation to both parties after the conclusion of the initial assessment. 

82. The mediation offer is voluntary and if any party to the complaint declines mediation, the UK NCP will conduct a further examination of this complaint.

83. A further examination would include the UK NCP providing a determination on whether the company has acted consistently with the OECD guidelines. Should the UK NCP determine that the company has not adhered to the OECD guidelines, the UK NCP may provide non-binding recommendations for improving the company’s adherence to the OECD guidelines.

84. If the UK NCP concludes in its further examination that respondent’s conduct was inconsistent with the OECD guidelines, that finding will be noted in the final statement, a copy of which will be published on the UK NCP website and forwarded to the UK Export Finance Department.

Annex A: Timeline and details of the UK NCP handling process

Date	Action
23 November 2023	The UK NCP receives the complaint.
14 February 2024	The UK NCP confirms receipt of the complaint.
30 January 2024	The UK NCP offers separate meetings with the parties to discuss the initial Assessment process and the parties’ prospective interest in mediation.
15 March 2024	The UK NCP receives the respondent’s response to the complaint.
4 December 2025	The UK NCP drafts the initial assessment and shares the draft with both parties for factual comment.
8 January 2026	Both parties submit factual commentary to the UK NCP with their response.
19 January 2026	UK NCP incorporates factual comments in the initial assessment.
16 March 2026	UK NCP publishes the initial assessment on gov.uk.

Annex B: Relevant chapters of the OECD guidelines

The complainant refers to the following provisions of the 2023 guidelines:

Chapter VI - Environment

Enterprises play a key role in advancing sustainable economies. They can contribute to delivering an effective and progressive response to global, regional and local environmental challenges, including the urgent threat of climate change.

Enterprises should conduct their activities in a manner that takes due account of the need to protect the environment, and in turn workers, communities and society more broadly. They should also avoid and address adverse environmental impacts, and contribute to the wider goal of sustainable development. This applies within the framework of laws, regulations and administrative practices in the countries in which they operate, and in consideration of relevant international agreements, principles, objectives, and standards.

Enterprises can be involved in a range of adverse environmental impacts. These include, among others: 

a) climate change

b) biodiversity loss

c) degradation of land, marine and freshwater ecosystems

d) deforestation

e) air, water and soil pollution

f) mismanagement of waste, including hazardous substances 

Important differences across environmental impacts are outlined in the commentary to this chapter, including with respect to climate change and how an individual enterprise’s relationship to such impacts should be considered in the context of relevant frameworks. In particular, enterprises should:

Paragraph 1: Establish and maintain a system of environmental management appropriate to the enterprise associated with the operations, products and services of the enterprise over their full life cycle, including by carrying out risk-based due diligence, as described in Chapter II, for adverse environmental impacts, including through: 

a) identifying and assessing adverse environmental impacts associated with an enterprise’s operations, products or services, including through collection and evaluation of adequate and timely information regarding the adverse impacts associated with their operations, products and services and where activities may have significant adverse environmental impacts, preparing an appropriate environmental impact assessment; 

b) establishing and implementing measurable objectives, targets and strategies for addressing adverse environmental impacts associated with their operations, products and services and for improving environmental performance. Targets should be science-based, consistent with relevant national policies and international commitments, goals, and informed by best practice; 

c) regularly verifying the effectiveness of strategies and monitoring progress toward environmental objectives and targets, and periodically reviewing the continued relevance of objectives, targets and strategies;

d) providing the public, workers, and other relevant stakeholders with adequate, measurable, verifiable (where applicable) and timely information on environmental impacts associated with their operations, products and services based on best available information, and progress against targets and objectives as described in paragraph 1.b; 

e) providing for, or co-operating in, remediation as necessary to address adverse environmental impacts the enterprise has caused or contributed to, and using leverage to influence other entities causing or contributing to adverse environmental impacts to remediate them.

Paragraph 3: Consistent with the scientific and technical understanding of the risks, where there are threats of serious or irreversible damage to the environment, also taking into account human health and safety, not use the lack of full scientific certainty or pathways as a reason for postponing cost-effective measures to prevent or minimise such damage.

Paragraph 5: Continually seek to improve environmental performance, at the level of the enterprise and, where appropriate, entities with which they have a business relationship, including by:

a) adopting technologies, where feasible best available technologies, to improve environmental performance;

b) developing and providing products or services that have no undue environmental impacts; are safe in their intended use; are durable, reparable and can be reused, recycled, or disposed of safely and that are produced in an environmentally sound manner that uses natural resources sustainably, minimises as far as possible energy and material input as well as generation of pollution, greenhouse gas emissions and waste, in particular hazardous waste;

c) promoting higher levels of awareness among customers of the environmental implications of using the products and services of the enterprise, including by providing relevant and accurate information on their environmental impacts (for example, on greenhouse gas emissions, impacts on biodiversity, resource efficiency, reparability and recyclability or other environmental issues)

Chapter VIII - Consumer Interests

When dealing with consumers, enterprises should act in accordance with fair business, marketing and advertising practices and should take all reasonable steps to ensure the quality and reliability of the goods and services that they provide. In particular, they should:

Paragraph 2: Provide accurate, verifiable and clear information that is sufficient to enable consumers to make informed decisions, including information on the prices and, where appropriate, content, safe use, environmental attributes, maintenance, storage, disposal of goods and services, and relevant e-commerce disclosures such as privacy issues, and information about available dispute resolution and redress options. The information should be presented in a comprehensible and easily accessible manner using plain language, while also regarding the needs of accessibility for consumers with disabilities. Where feasible this information should be provided in a manner that facilitates consumers’ ability to compare products. Not make representations or omissions, nor engage in any other practices that are deceptive, misleading, fraudulent unfair or that otherwise subvert consumer choice in ways that harm consumers or competition. 

Paragraph 4: Not make representations or omissions, nor engage in any other practices that are deceptive, misleading, fraudulent unfair or that otherwise subvert consumer choice in ways that harm consumers or competition.

Paragraph 5: Support efforts to promote consumer education in areas that relate to their business activities, with the aim of, inter alia, improving the ability of consumers to: i) make informed decisions involving complex goods, services and markets, ii) better understand the economic, environmental and social impact of their decisions and iii) support sustainable consumption.

The relevant sections of the 2011 guidelines are:

Chapter VI – Environment

Enterprises should, within the framework of laws, regulations and administrative practices in the countries in which they operate, and in consideration of relevant international agreements, principles, objectives, and standards, take due account of the need to protect the environment, public health and safety, and generally to conduct their activities in a manner contributing to the wider goal of sustainable development. In particular, enterprises should:

Paragraph 2: Taking into account concerns about cost, business confidentiality, and the protection of intellectual property rights: 

a) provide the public and workers with adequate, measureable and verifiable (where applicable) and timely information on the potential environment, health and safety impacts of the activities of the enterprise, which could include reporting on progress in improving environmental performance; and 

b) engage in adequate and timely communication and consultation with the communities directly affected by the environmental, health and safety policies of the enterprise and by their implementation.

Paragraph 4: Consistent with the scientific and technical understanding of the risks, where there are threats of serious damage to the environment, taking also into account human health and safety, not use the lack of full scientific certainty as a reason for postponing cost-effective measures to prevent or minimise such damage.

Paragraph 6: Continually seek to improve corporate environmental performance, at the level of the enterprise and, where appropriate, of its supply chain, by encouraging such activities as:

a) adoption of technologies and operating procedures in all parts of the enterprise that reflect standards concerning environmental performance in the best performing part of the enterprise; 

b) development and provision of products or services that have no undue environmental impacts; are safe in their intended use; reduce greenhouse gas emissions; are efficient in their consumption of energy and natural resources; can be reused, recycled, or disposed of safely; 

c) promoting higher levels of awareness among customers of the environmental implications of using the products and services of the enterprise, including, by providing accurate information on their products (for example, on greenhouse gas emissions, biodiversity, resource efficiency, or other environmental issues); and 

d) exploring and assessing ways of improving the environmental performance of the enterprise over the longer term, for instance by developing strategies for emission reduction, efficient resource utilisation and recycling, substitution or reduction of use of toxic substances, or strategies on biodiversity.

Chapter VIII – Consumer Interests

When dealing with consumers, enterprises should act in accordance with fair business, marketing and advertising practices and should take all reasonable steps to ensure the quality and reliability of the goods and services that they provide. In particular, they should:

Paragraph 2: Provide accurate, verifiable and clear information that is sufficient to enable consumers to make informed decisions, including information on the prices and, where appropriate, content, safe use, environmental attributes, maintenance, storage and disposal of goods and services. Where feasible this information should be provided in a manner that facilitates consumers’ ability to compare products.

Paragraph 4: Not make representations or omissions, nor engage in any other practices, that are deceptive, misleading, fraudulent or unfair.

Paragraph 5: Support efforts to promote consumer education in areas that relate to their business activities, with the aim of, inter alia, improving the ability of consumers to:

a) make informed decisions involving complex goods, services and markets

b) better understand the economic, environmental and social impact of their decisions

c) support sustainable consumption

1. UK NCP (2019), UK NCP procedures for complaints under the OECD Guidelines, section 4, p. 10. ↩

2. OECD (2019), Guide for National Contacts Points on the Initial Assessment of Specific Instances, p.10 ↩

3. OECD (2023), OECD guidelines for Multinational Enterprises on Responsible Business Conduct, p.12 ↩

4. OECD (2023), OECD guidelines for Multinational Enterprises on Responsible Business Conduct, p.70 ↩

5. OECD (2023), OECD guidelines for Multinational Enterprises on Responsible Business Conduct, p.70 ↩

6. OECD (2023), OECD guidelines for Multinational Enterprises on Responsible Business Conduct, p.10 ↩