Advertising with Environmental Claims
Legal Security and Risks
Sustainability is a central aspect of many companies’ branding strategies. However, terms such as “climate neutral,” “sustainable,” or “environmentally friendly” can be legally sensitive. If environmental claims are not clearly substantiated, companies may face warnings and fines.
Why Is Advertising with Environmental Claims Problematic?
Companies that advertise with climate protection or sustainability must ensure their claims comply with legal standards. Under § 5 UWG, advertising is considered misleading if it:
- Contains unverified or false environmental claims
- Omits essential information that could influence consumers’ purchasing decisions
- Engages in greenwashing by suggesting sustainability without actual measures
Steps to Ensure Legally Compliant Advertising with Environmental Claims
- Use precise terminology: Claims such as “climate neutral” or “environmentally friendly” must be clearly defined.
- Provide transparent evidence: Sustainability claims must be supported by verifiable data.
- Avoid greenwashing: Companies must ensure that advertised environmental
- Use recognized certifications: Environmental labels must be independently verified and transparently communicated. measures are actually implemented.
Legal Regulations for Advertising with Environmental Claims
The most important regulations for companies advertising with sustainability:
- § 5 UWG – Prohibition of misleading advertising
- EmpCo Directive (EU) – Requirements for environmental claims
- Price Indication Regulation (PAngV) – Rules for promotional campaigns with sustainability claims
Violations of these regulations can lead to warnings, competition law disputes, and significant fines.
Case Studies: Warnings for Misleading Environmental Advertising
- Case: H&M and the “Conscious” Label
H&M promoted its clothing collection under the term “Conscious,” suggesting sustainability. However, investigations revealed that many of these products were no more sustainable than conventional items. The consumer protection agency issued a warning against H&M, stating that the term was misleading due to the lack of a clear definition.
H&M: misleading advertising with sustainability - Case: Confectionery Manufacturer Katjes
Katjes advertised that since 2021, all products were climate neutral. However, the production process itself was not CO₂-neutral; instead, emissions were offset through climate protection projects. The German Federal Court of Justice (BGH) ruled that the term “climate neutral” was ambiguous and that companies must clearly inform consumers how climate neutrality is achieved. Providing this information only via a QR code on the packaging was deemed insufficient.
BGH: Katjes misleading advertising “climate neutral” - Case: Netto and the Climate Neutrality Claim
Netto Marken-Discount advertised its “Café Latte Cappuccino” as climate neutral. The German Environmental Aid Association (DUH) successfully sued Netto because the climate neutrality was achieved solely through the purchase of emission certificates rather than actual CO₂ reduction measures.
DUH: misleading advertising with climate claims “Netto”
Conclusion: Legally Compliant Sustainability Advertising
Advertising with environmental and climate protection claims can be a valuable marketing tool. However, companies must ensure their claims are truthful, verifiable, and legally compliant.
Our law firm helps you develop legally secure advertising strategies to avoid warnings and reputational damage.
Contact us for an initial consultation.
FAQs
Yes, but companies must provide verifiable evidence to support these claims.
Warnings, fines, and injunctions by competitors or regulatory authorities.
Have your advertising materials legally reviewed to minimize risks.
Transparent and verifiable environmental claims, use of official certifications, and clear communication about actual sustainability measures.
Our Services
- Individual consultation on unfair competition from your competitors
- Individual consultation and review of the legality of your advertising
- Drafting and defending against cease-and-desist letters
- Conducting legal proceedings
- Enforcing cease-and-desist, removal, and compensation claims in court
- Negotiating amicable settlements with competitors