When is environmental advertising misleading in Germany?
Environmental advertising is misleading where it contains untrue statements, or statements liable to deceive, about the environmental properties of a product or the sustainability goals of the company. Under the case law of the Federal Court of Justice, ambiguous terms such as climate neutral must be explained within the advertisement itself, in particular whether the effect is achieved by reduction or by offsetting. Breaches can be challenged by competitors and associations through warning letters and injunction proceedings.
Source
- Source
- Act against Unfair Competition, sections 5 and 5a, and Federal Court of Justice, judgment of 27 June 2024, I ZR 98/23
- Source
- Bundesministerium der Justiz, Gesetze im Internet
- Area
- Sustainability, CSR and environment
- Checked
- 2026-09-21
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