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Holding FortisBC accountable for greenwashing

March 26, 2024

When companies greenwash, people and the planet lose. 

That’s why our clients are taking gas utility FortisBC to court for greenwashing its gas through misleading advertising.  

Represented by lawyers at Ecojustice and Slater Vecchio LLP, our clients — Stand.earth and concerned B.C. residents Lori Goldman and Eddie Dearden — have filed an action in BC Supreme Court, alleging that FortisBC’s ads and webpages are misleading consumers about the climate impacts and affordability of using gas to heat B.C. homes.  

What’s the problem?  

From TV ads to radio spots, in movie theatres and even municipal council meetings, British Columbians have seen FortisBC promote the affordability and climate benefits from using FortisBC’s fossil gas and “renewable natural gas” to heat their homes.    

But the case alleges that FortisBC’s words don’t match up with its actions. For example:  

  • The company advertises that consumers can request “renewable natural gas” and other renewable gases to “decarbonize” the gas network. However, it leaves out that the majority of what is delivered to any gas customer in B.C. is fracked fossil gas, which is a significant contributor to the climate crisis. That’s because the availability of renewable natural gas is limited and most of it is not produced or delivered to consumers in B.C. 
  • By locking customers into gas heating, FortisBC is directly contradicting B.C.’s climate goals and municipal commitments to advancing to zero-carbon buildings. This messaging is getting in the way of transitioning home heating and cooling to efficient electric heat pumps  
  • The company claims to care about climate action and affordability. Yet, it continues to add 10,000 new gas consumers a year (who mostly receive fossil gas), while advertising gas as a source of home heating that aligns with our climate goals. 

Why this case matters 

Electric heat pumps are aligned with a climate-safe future, offering a truly low-emission alternative that can be more cost-effective and keep people cool in summer and warm in winter. But with a near monopoly on the supply of gas to homes in B.C., FortisBC stands to benefit from encouraging the public to buy new gas furnaces — which locks people into using gas for decades. 

On behalf of our clients, we’re alleging that FortisBC is promoting gas over electric heat pumps — and misleading the public to do it. 

This lawsuit is the first of its kind in Canada, offering a unique opportunity for the courts to examine how greenwashing harms everyday people across British Columbia.

We’re taking FortisBC to court for misleading consumers through greenwashing its gas. 

Backed by lawyers from Ecojustice and Slater Vecchio LLP, Stand.earth and two concerned members of the public (Lori Goldman and Eddie Deardon) are bringing a case against FortisBC under the Business Practices and Consumer Protection Act for its deceptive practices.  

On behalf of our clients, we’re alleging that: 

  • FortisBC promotes its natural gas supply as a climate solution, all while failing to mention that 90 per cent of the gas in its system is a fossil fuel — primarily from fracking in northern B.C. and Alberta. FortisBC has overemphasized the renewable natural gas in its system to get people to continue to connect to the gas system.
  • FortisBC has promoted the use of renewable natural gas and fossil gas to residential consumers, claiming that these sources of home heating are always more cost-effective and as good (or better) for the environment than alternatives like electric heat pumps. Neither of these claims are true.
  • Despite this, the company continues to add thousands of well-meaning customers each year by representing gas as a climate-friendly home heating solution.
  • FortisBC advertises that its renewable natural gas comes from “local” sources, despite the fact that the majority of this gas is not being produced (or ever delivered to) consumers in B.C. Almost all of the gas delivered to a B.C. consumer (even one who is paying more for renewable natural gas) is actually fracked gas, counter to what renewable natural gas advertisements of scenic trees and farmland would lead consumers to believe.
  • FortisBC has also claimed that its sources of renewable natural gas are certified by a third-party as carbon neutral. The lawsuit alleges FortisBC does not have a certificate for its renewable natural gas.
     

Greenwashing shouldn’t be profitable 

Greenwashing is rife and systemic in Canada, and the lawsuit alleges that FortisBC has deceived consumers into buying new gas furnaces and staying connected to the FortisBC gas system. Misleading consumers about the environmental benefits of products undermines genuine efforts to protect the planet and the public and prevents real climate action. 

The public deserves the truth 

Our clients launched this legal challenge because they are concerned that FortisBC’s advertising is misleading the public. They are seeking declarations, injunctions, and corrective advertising to prevent these alleged misrepresentations from continuing. 

The bottom line?  

This case alleges that FortisBC is greenwashing its products and must be held accountable for misleading consumers and for promoting gas in home heating that is contributing to B.C.’s rising emissions. Our clients want FortisBC to stop peddling misinformation and instead tell consumers the truth about gas.

Ecojustice staff:
Andhra Azevedo
Susanne Calabrese
Rachel Gutman 

Slatter Vecchio LLP:
Sam Jaworski
Justin Giovannetti 

Our clients:
Stand.earth
Lori Goldman
Eddie Dearden

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