Advertising Code Committee: Advertising Campaign Trafigura on Probo Koala Affair Misleading
Complaint by Greenpeace
In half-page-sized advertisements about the Probo Koala affair,
which Trafigura had published in the fall of 2009 in all Dutch
national newspapers, Trafigura maintained, among other things, that
it 'strives for a good substantiation of its economic and
social involvement in the West African region'. The RCC
considered this statement to be misleading within the meaning of
the Dutch Advertising Code.
Advertisement Not Contrary
to Advertising Code in All Respects
The advertisements also stated that the English High Court had
confirmed that the shipping waste of the Probo Koala could not
cause any lethal or other serious injuries. Greenpeace had also
directed its complaints against this allegation, since it suggested
that there was a court judgment in which Trafigura was fully
exonerated from blame in the Probo Koala affair. In reality this is
not the case. All the English court has done is confirm a
settlement between Trafigura and the Ivorian victims of the
poisonous waste. However, the RCC did not consider this statement
to be misleading, because according to the RCC Trafigura made it
sufficiently clear in the advertisement that there was in fact no
judgment involved, but a settlement. Other parts of Greenpeace's
complaint were also not considered by the RCC to have overstepped
the boundaries of the Advertising Code.
Misleading
Statement
Nevertheless, the Commission did consider the statement
'Trafigura strives for a good substantiation of its economic
and social involvement in the West African region' to be
misleading, as has been said above. Greenpeace had explained in its
complaint why in its view Trafigura did not exactly have the best
intentions with the West African region. Greenpeace particularly
addressed the actions of Trafigura around the dumping of poisonous
waste of the Probo Koala in Ivory Coast. Trafigura had not
defended itself on this point, because as it stated, criminal
proceedings were also pending about the Probo Koala
affair. However, in the opinion of Greenpeace the Dutch procedural
rules do not stand in the way of Trafigura expressing an opinion
about the affair while the criminal proceedings are pending.
Moreover, Greenpeace states in a press release, it was Trafigura
that chose to publish big advertisements about this subject.
The RCC held on the basis of the documents submitted by Greenpeace
that the statement made by Trafigura contains incorrect information
and is therefore misleading within the meaning of the Dutch
Advertising Code. It advised Trafigura not to advertise in such a
way anymore.
Greenpeace was represented by Kennedy Van der Laan
(Sophie van Loon and
Jens van den Brink).