The end of greenwashing is here
Starting August 2026, strict regulations will apply to environmental claims regarding products and brands. Advertising content aimed at the environmental compatibility of products will be banned without solid evidence.
The EU EmpCo Directive (Empowering Consumers, EU 2024/825) introduces profound changes for marketing. Through these amendments, the EU aims to pave the way toward a green economy. For practical business operations, this means that the requirements for environmental advertising will increase drastically. In the German Unfair Competition Act (UWG), these stricter rules will enter into force on September 27, 2026 – however, companies should review their marketing materials right now.
The Ban on Generic Environmental Claims
These adjustments are highly explosive because, under No. 4a of the Annex to the UWG, making an unsubstantiated generic environmental claim will constitute an unlawful commercial practice. According to the EU Commission’s FAQs, even a simple green leaf or a water droplet can constitute such an environmental claim that requires proof if the context supports this interpretation. The ban also applies if the environmental claim is only implied by the circumstances.
The law defines the core criteria as follows:
- Environmental Claim: Any voluntary marketing statement (text, image, symbol, brand name) that explicitly or implicitly suggests a product has a positive environmental impact or is less harmful than competitors.
- Generic Environmental Claim: A claim that is neither based on a permissible sustainability label nor clearly and prominently specified on the exact same marketing medium. Examples include terms like “environmentally friendly,” “climate-friendly,” “ecological,” “eco-safe,” or “biodegradable.”
- Sustainability Label: Self-invented labels will be banned in the future. Only labels based on independent certification systems with third-party monitoring or established by public authorities will be permitted.
What Remains Permitted?
Conversely, commercial practices remain generally permissible if they fall into one of the following categories:
- Specified Environmental Claims: The claim is clearly, prominently, and concretely broken down on the exact same medium.
- Permissible Sustainability Labels: Quality marks that meet the legal requirements for independence.
- Proven Environmental Performance: Generic claims for which a recognized excellent environmental performance can be proven. This proof can be provided, for example, through the EU Ecolabel (Regulation (EC) No 66/2010) or officially recognized environmental labels (according to DIN EN ISO 14024 Type I, such as the “Blue Angel”).
Compliance
Crucial for compliance: The specific label must actually support the exact claim being made. For instance, an energy consumption label cannot support a claim like “manufactured in a resource-saving manner.” In addition to the new prohibitions in the Annex, the general rules of the UWG (especially the prohibition of misleading practices) remain fully applicable.
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