At a glance
- Since 27 Sept 2026: new blacklist prohibitions
- No generic environmental claims, no offset-based neutrality
- Specific, substantiated claims remain permitted
Environmental advertising has been fundamentally reformed since 27 September 2026. The Third Act amending the UWG of 12 February 2026 implements Directive (EU) 2024/825 (“Empowering Consumers for the Green Transition”). Several common forms of advertising are now always prohibited towards consumers.
| Annex no. | Prohibition | Example |
|---|---|---|
| 2a | sustainability label not based on a certification scheme or established by public authorities | self-designed “eco choice” label |
| 4a | generic environmental claim without recognised excellent environmental performance | “eco-friendly”, “green” |
| 4b | claim about the whole product or business that concerns only one aspect | “made from recycled material” when only the packaging is |
| 4c | climate neutrality or reduced impact based on offsetting | “climate neutral through CO2 offsetting” |
| 10a | presenting legal requirements as a distinctive feature | legally required properties as a USP |
| 23d | misleading claims on durability, reparability and software updates | unsubstantiated durability promises |
New misleading practices
- Future claims (“net zero by 2040”) require clear, public and verifiable commitments in a detailed and realistic implementation plan with regular independent monitoring (Section 5(3) no. 4 UWG).
- Advertising irrelevant benefits is misleading.
- Environmental and social characteristics and circularity are main characteristics of a product.
Still permitted
Specific, substantiated claims (“packaging 80% recycled plastic”), genuine certification schemes, own emission reductions, information on offsetting projects not presented as product neutrality, and corporate climate targets with a verifiable plan.
The BGH’s requirement to explain ambiguous terms in the advertisement itself remains (BGH, 27 June 2024, I ZR 98/23). The proposed EU Green Claims Directive will not proceed; the Commission announced its withdrawal in June 2025.
Case examples
The Düsseldorf Higher Regional Court held an airline’s CO2-offset advertising misleading because it suggested climate neutrality (4 Dec 2025, I-20 U 38/25).
Since 27 Sept 2026 a generic environmental claim without recognised excellent environmental performance is always unlawful.
Sustainability labels not based on a certification scheme or set by public authorities are banned under the new rules.
What to do now
Inventory all environmental claims, replace generic statements with specific ones, remove offset-based product claims, review own labels, keep evidence up to date.
