Smoke and Mirrors: The Legal Risks of Fossil Fuel Advertising

Writer and researcher: Nayantara Dutta

A report by Clean Creatives

We are in the midst of a climate emergency. Our world is becoming increasingly unlivable and unsustainable, which is largely a consequence of fossil fuels, a form of non-renewable energy which are the main cause of global warming. In 2021, carbon emissions reached an all time high of 36.3 gigatons, and fossil fuels and industry were responsible for over 90% of global CO2 emissions.

In the face of disaster, many people, companies and governments are urgently working to protect our climate. In 2015, over 190 countries signed the Paris Agreement, an international treaty to reduce carbon emissions to limit global warming to preferably 1.5, if not 2 degrees Celsius (it is currently at 1.1-1.2 degrees Celsius). However, a 2019 report from the United Nations Environment Program shows that the world is not on track to honor the Paris Agreement, primarily because the fossil fuel industry is on track to produce double the coal, oil, and gas that we can burn by 2030.

We are unable to reach our climate goals because of fossil fuel companies. The Paris Agreement symbolized the beginning of a shift towards net-zero, but the World Benchmarking Alliance has found a “systemic lack of accountability and action” by the top 100 companies, who are predicted to “burn through the sector’s 1.5° C carbon budget by 2037.” 

Fossil fuel producers have been able to mislead people about climate change with the support of advertising agencies who have helped them spin false or deceptive narratives. However, they’re not getting away with it anymore. As of May 2021, there were 1,841 ongoing or concluded climate litigation cases around the world, with legal developments on the rise. 

Climate education is essential to protecting our planet. Article 12 of the Paris Agreement emphasizes that we need to inform people about the truth and reality of the climate crisis.  However, that’s exactly what fossil fuel companies spend advertising money to conceal. Continuing to work with fossil fuel clients and the PR firms who represent them will put companies at great legal, business and reputational risk.

This report covers what you should keep in mind about working with oil and gas clients.

Download the full Smoke and Mirrors report here.