Regulating Fossil Fuel Industry Advertising & Misinformation

Understanding Legal Limitations & Policy Options

Despite decades of awareness about the dangers of climate change, the fossil fuel industry’s zeal for profits outweighs any concerns about the health of communities or the planet. A key obstacle in regulating the industry is the fact that the industry’s pervasive advertising deceives lawmakers and the public. The effect is to actively mislead people and decisionmakers, both about the dangers of climate change and about the fossil fuel industry’s role. By understanding the industry’s past and current campaigns to sway public opinion as well as available legal avenues for regulation, we can improve our chances of reining in their harm.

The Climate Equity Policy Center has created an overview report and partnered on a longer in depth history and legal analysis of the fossil fuel industry’s advertising and misinformation campaigns. These resources outline what fossil fuel companies have done in the past and what legal pathways might best succeed in blocking their deceptive messaging.

Taking on Fossil Fuel Industry Advertising & Deception

This legal report provides an overview of the legal limitations on restricting fossil fuel advertising in the United States imposed by current First Amendment law, setting out alternative policy options for limiting the industry’s harm.

In Depth Historical and Legal Analysis

This memo, developed in collaboration with Jennifer Pomeranz of New York University School of Global Public Health, provides an in depth historical and legal analysis of fossil fuel advertising and deception. The memo looks at decades of industry misinformation, assesses the legal framework that would be applied to attempts to regulate industry advertising, and provides a range of legally sound policy options for addressing industry harm.

Please contact info@climateequitycenter.org for assistance or with questions or comments on these resources.