A US District Court in Maryland has dismissed a class-action lawsuit filed by Alexander Zajac against United Airlines (UA, Chicago O'Hare). Zajac, a “United customer”, claimed the carrier had misleadingly advertised the environmental impact of its Eco-Skies sustainable aviation programme, violating the Maryland Consumer Protection Act. The suit alleged that United falsely promoted itself as the first airline to operate a passenger flight using 100% sustainable aviation fuel (SAF).
“Zajac was drawn to United’s stated initiatives, and from them, he grew convinced that flying with United visited a less adverse impact on the environment than flying with other airlines,” the court summarised, granting United’s motion to reject the lawsuit.
The aggrieved party claimed that after flying with United, he found out that the SAF United said it used comprised only 0.025% of United’s total fuel supply. “And although SAF may burn cleaner than fossil fuels, it still emits harmful carbon dioxide and other pollutants. Had Zajac known these facts, he would not have paid more to travel with United,” he argued, placing his class-action suit against the company on November 19, 2023.
United Airlines contended that Zajac’s claim involved allegations of deception regarding its pricing and services. The claim suggested that he and others were led to pay premium prices through United’s "going green" advertising. However, the carrier argued that the claim was pre-empted by the Deregulation Act, which explicitly bars US states from enforcing laws that would impact a carrier’s rates, routes, or services.
While Zajac can amend and refile his claim against the company, district court judge Paula Xinis said the broad reach of the Airline Deregulation Act makes it almost impossible for the impacted passenger to amend the claim and escape dismissal.
United Airlines pledged in its 2023 Corporate Responsibility Report to become a net-zero greenhouse gas emission carrier by 2050 without relying on the use of voluntary carbon offsets. Among other actions, it invested in a biofuel refinery in 2022.
ch-aviation has reached out to United Airlines for comment.
