World-first law banning fossil fuel ads survives Dutch legal challenge

A Dutch city has successfully defended its landmark law to ban fossil fuel advertising –setting a precedent for cities across Europe in the process.   

At the start of this year, a high-carbon ad ban came into force in The Hague – the home of the International Court of Justice. The ban outlaws any publicly and privately funded advertising for petrol and diesel, aviation, and cruise ships.   

The ANVR – the Dutch trade association for travel agencies – and the travel company TUI filed lawsuits against the ban.  

Environmental legal charity ClientEarth – who supported a successful greenwashing case against the Dutch national airline KLM – wrote to The Hague City Council (Gemeente Den Haag) providing legal argument that the ban is both a fundamental step for averting the worst of the climate crisis and complies with EU law.  [1]  

ClientEarth lawyer Jonathan White said:  

“By introducing and successfully defending their high-carbon ad ban, The Hague has taken a bold step in the right direction when it comes to climate action.  

“As we saw decades ago with tobacco products, banning the advertising of a harmful product is a critical step in reducing its use.  

“Just like the tobacco ban, fossil fuel advertising restrictions comply with EU law – as it is clearly in the public interest for cities and states to address the climate crisis.   

“Cities the world over would be wise to follow The Hague’s lead and introduce a similar law to help usher in an era of depleting dependence on fossil fuels – and feel confident with the wind of this judgment behind them.”  

Cover photo: By Client Earth