Climate neutral?

Green claims are ubiquitous and have almost become standard across industries. However, many approach green advertising critically, often linking it with the term "greenwashing". Associations for consumer protection and competition authorities regularly assess green ads for transparency and often examine them in court.

The issue of greenwashing is also on the agenda of the European Union. At the end of March, Directive (EU) 2024/825 on strengthening consumer rights during the ecological transition came into effect. Member States must incorporate the directive into their national legislation by the end of March 2026. The directive sets out strict requirements for advertising with environmental claims, including the need for private sustainability seals to be certified by independent third parties. In accordance with the decision of the German Federal Court of Justice in the Katjes case, it is forbidden to use vague terms in advertising, such as "sustainable", if they are not sufficiently explained. Advertising that relies on offsetting greenhouse gas emissions is completely banned, effectively restricting claims of “climate neutral” products unless the production process is CO₂ neutral.

In addition, a directive on ecological claims is being prepared at the European level, which will set further requirements for advertising regarding sustainability. In March 2024, the European Parliament adopted its own proposal to the original proposal of the European Commission and submitted amendments and supplementary proposals. The EU Environment Council published its comments on the proposal on 17 June 2024. The final version of the directive is expected in the coming months after the EU trialogue. (Co2AI)