Section 15b UWG: Environmental Claims on Existing Stock
What applies to goods placed on the market before 27 September 2026
Status: 23 October 2026. The German Bundestag adopted Section 15b UWG on 24 September 2026, and the Bundesrat passed the law on 16 October 2026. Publication in the Federal Law Gazette is still pending. The rule is intended to apply from 27 September 2026 and to expire at the end of 26 September 2028.
Since 27 September 2026, the new rules of the EmpCo Directive have applied to environmental and sustainability advertising in Germany. Many companies, however, still have goods in stock or in retail whose packaging or labels carry claims that are no longer permitted. For this existing stock, the German legislator has created a temporary special rule in Section 15b of the Act against Unfair Competition (UWG).
The rule is not a transition period: claims based on unlawful environmental statements still exist. For existing stock, however, they may only be enforced proportionately.
What does Section 15b UWG regulate?
The provision concerns claims for injunctive relief and removal under Section 8(1) UWG based on certain infringements of the new rules on environmental claims. It applies only to goods placed on the market before 27 September 2026.
Such claims may only be asserted in good faith and in line with the principle of proportionality. Whether and to what extent a claim can be enforced depends on a comprehensive balancing of interests in the individual case.
Which infringements are covered?
- Misleading environmental claims: statements about the environmental or social characteristics of a product.
- Circularity: statements about durability, reparability or recyclability.
- New blacklist prohibitions: for example generic environmental claims such as “eco-friendly” without recognised excellent environmental performance, sustainability labels not based on a certification scheme, or climate-neutral claims based on offsetting.
- Further new rules: certain other new UWG requirements on environmental claims.
Whether a specific claim falls under the special rule depends on its exact wording and presentation.
Which criteria count in the balancing test?
- Severity of the infringement: How strongly can the claim mislead consumers?
- Your efforts: What have you done to remove the infringement, for example by over-labelling or replacing labels?
- Cost of removal: How costly would it be to remove the claim from existing goods?
- Environmental impact: What would removal mean for the environment, for example if flawless goods had to be destroyed?
The aim is to avoid goods having to be destroyed solely because of outdated claims.
What Section 15b UWG does not cover
- New goods: products placed on the market from 27 September 2026 must fully comply with the new rules.
- Advertising: your website, online shop, social media (including older posts), catalogues, brochures and other advertising materials do not benefit from the special rule.
- Other infringements: infringements outside the provisions listed in Section 15b UWG.
How long does the rule apply?
Section 15b UWG is temporary. According to the Bundestag’s decision, it is to apply retroactively from 27 September 2026 and expire at the end of 26 September 2028. After that, the new rules apply to existing stock without restriction.
What companies should do now
- Record your stock: Which goods with environmental claims were placed on the market before 27 September 2026? Keep evidence such as delivery notes and invoices.
- Review your claims: Which statements on packaging, labels or products fall under the new prohibitions?
- Document remedies: Record what you have done, what over-labelling or replacement would cost, and why removal may not be possible.
- Adapt advertising now: Your website, online shop, social media and advertising materials must already comply with the new rules.
- Secure new goods: Review environmental claims before the next print run or campaign.
How we can help
We advise among others companies in the food, textile, cosmetics and retail sectors on environmental and sustainability advertising:
- Review of environmental claims and labels before publication
- Assessment of existing stock under Section 15b UWG and support with documentation
- Defence against warning letters concerning environmental advertising
Our EmpCo checklist gives you a first overview. With the Green Claims Check you can pre-screen your claims in a structured way.
Related topics: Advertising with Environmental Claims · Sustainability Seals · Misleading Advertising “Climate Neutral” · News: EmpCo and Section 15b UWG
FAQs
No. Since 27 September 2026, the new rules also apply to existing stock. Section 15b UWG only requires that claims based on certain infringements are asserted proportionately for goods placed on the market before that date.
Goods placed on the market before 27 September 2026. What matters is not when the goods are offered in the shop. Keep evidence such as delivery notes and invoices.
No. Advertising on your website, in your online shop, on social media and in advertising materials must already comply with the new rules, including older posts.
Not automatically. The balancing test takes into account, among other things, the cost and environmental impact of removal. It is important to document which remedies you have considered or implemented.
It is limited until 26 September 2028. After that, the new rules apply to existing stock without restriction.
The Bundestag and Bundesrat have adopted the law. Publication in the Federal Law Gazette is still pending (status: 23 October 2026). It is intended to apply retroactively from 27 September 2026.
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