Judge makes final decision on lawsuit alleging major companies are deceiving the public: 'Spent millions to mislead consumers'

A judge has dismissed a lawsuit alleging a trio of major gas and oil companies engaged in deceptive advertising campaigns, misleading the public into believing their products contributed to a clean-energy future.

What's happening?

The city of New York filed a lawsuit against Exxon Mobil, Shell, and BP — along with trade association the American Petroleum Institute — alleging that the companies misrepresented the environmental benefits of dirty energy and failed to disclose the associated climate risks.

On Jan. 15, state Supreme Court Justice Anar Patel struck down those claims, ruling that the city couldn't argue its 8.3 million residents were climate-conscious of "publicly known information" and then say the dirty energy companies deceived them with ad campaigns.

"The City cannot have it both ways," Patel wrote, adding that the alleged greenwashing statements — such as Exxon's claim that its fuels are "created to let you drive cleaner, smarter and longer" — "have been taken out of context" and are merely "aspiration, opinion, or puffery."

"No reasonable consumer would be misled by these subjective, nonspecific, and vague statements," Patel said. 

"At some point, our hope is that political figures around the country come to understand that ideological hatred for us doesn't mean we did anything wrong," Exxon said in a statement to Reuters. BP did not respond to the publication, and Shell declined to comment on the matter.

Why is this important? 

Unearthed documents recently revealed that dirty energy companies have been aware of their products' impact on the environment since at least 1954.

The industry even funded early climate research before pivoting for profit to actively mislead the public and investors regarding its products' troublesome effects, including the accelerated planetary warming associated with more intense extreme weather. Studies have also connected pollution from dirty fuels to debilitating illnesses and millions of premature deaths every year. 

Despite this knowledge, oil and gas giants have launched ad campaigns mirroring misleading yet effective tactics from the tobacco industry — now barred by the Federal Communications Commission from advertising its harmful products via radio, television, or other media under its regulation. Oil and gas companies face no such restrictions in the United States, and multiple media companies have come under scrutiny for accepting sponsorships from them. 

What's being done about this?

Other states are working to hold the oil and gas sector accountable, and litigation is pending. For instance, the U.S. Supreme Court ruled in January that Hawaiʻi could proceed with its lawsuit alleging oil and gas companies embarked on a decadeslong misinformation campaign. The city of New York is also considering its options after the state judge's ruling. 

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"Our complaint alleged that these defendants spent millions to mislead consumers to think that they, and their products, contribute to a clean energy future. They do not," Nicholas Paolucci, a spokesperson for the city law department, said to Reuters. "Companies that violate the city's consumer protection laws should be held fully accountable. New Yorkers deserve no less."

You can advocate for your community by making your voice heard in town hall meetings, donating to organizations committed to conservation, and supporting policymakers dedicated to protecting the interests of consumers.  

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