Anti-Greenwashing Law Germany 2026
From 27 September 2026, companies in Germany can no longer use generic eco claims like climate neutral, sustainable or eco-friendly without solid proof. The law transposes EU EmpCO Directive 2024/825 into the German UWG.
By Checkalle · Updated 17 May 2026
Key Takeaways
- · Applies from 27 September 2026: the Third UWG Amendment Act transposes EU EmpCO Directive 2024/825 into German law.
- · Banned ads: generic terms like climate neutral, eco-friendly, sustainable or CO2 neutral without proof or recognised label.
- · Penalties: warnings, injunctions and fines up to 4 % of EU annual turnover (companies above 1.25 million euro) for cross-border violations.
- · Still allowed: EU Organic, Blue Angel, EU Ecolabel, FSC and GOTS. Private labels need verifiable criteria.
- · BGH Katjes ruling (Jun 2024): if you advertise "climate neutral", you must explain in the ad whether this comes from reduction or offsetting.
Banned
Generic eco claims without proof
Allowed
State-recognised eco labels
Fines
Up to 4 % of EU annual turnover
What is the new German Anti-Greenwashing Law?
People call it the "Anti-Greenwashing Law". The official name is the Third Act Amending the Act Against Unfair Competition (Drittes UWG-Änderungsgesetz). It was published in the German Federal Law Gazette on 19 February 2026 and transposes the EU directive 2024/825 (EmpCO — Empowering Consumers for the Green Transition) into German law.
The directive entered into force at EU level on 26 March 2024. Member States had two years to transpose it. Germany delivered just before the deadline. The rules apply to all companies advertising or selling in Germany from 27 September 2026.
The main changes are to § 5, § 5a and § 5b UWG, which define when advertising is misleading. After the reform, generic environmental claims count as misleading if the advertiser cannot back them up with concrete evidence. The German Federal Environment Agency (UBA) and the Federal Ministry of Justice publish background information in German.
One thing to note: the Green Claims Directive (COM(2023) 166), which many news articles still mention, is not the current law. The European Commission announced its withdrawal in June 2025. The directive companies actually need to follow is EmpCO 2024/825 and the German Third UWG Amendment Act.
Which terms are banned from 27 September 2026?
Generic environmental claims need either concrete evidence on the product itself or a recognised certification system. Marketing copy alone is no longer enough.
"Climate Neutral"
Only allowed if the ad explains reduction vs offsetting (BGH Katjes I ZR 98/23, 2024).
"Eco-friendly"
Too general. Only allowed with concrete, verifiable evidence.
"Ecological / Eco"
Food: only with EU Organic label. Other categories: only with recognised certification.
"CO2 Offset"
Offsetting alone is not enough. Reduction has priority.
"Green Product"
Not measurable. Banned without evidence.
"Sustainable"
Generic claim. Only with a recognised label or clear source.
Before / After: How advertising changes from 27 Sep 2026
| Previously allowed | From 27 Sep 2026 |
|---|---|
| "Our product is climate neutral" | Only with explanation of reduction vs offsetting (BGH Katjes I ZR 98/23) |
| "Eco-friendly packaging" | Only with concrete evidence, e.g. "30 % less plastic than the previous version, internal test 2025" |
| "Sustainable fashion brand" | Only with a recognised label (e.g. GOTS) or documented supply chain |
| Self-designed "eco seal" | Banned without independent verification |
| "CO2 neutral via tree planting" | Reduction must come first. Offsetting alone is not enough |
| Generic "100 % green" | Banned without a measurable reference |
Source: Third UWG Amendment Act, German Federal Law Gazette 19.02.2026, with reference to the German Federal Environment Agency overview.
The BGH "Katjes" Ruling: How Germany's top court redefined "climate neutral"
On 27 June 2024 the German Federal Court of Justice (Bundesgerichtshof) in Karlsruhe issued a landmark decision (file no. I ZR 98/23). The case was about fruit-gum packaging from the confectionery company Katjes, which advertised "climate neutral" together with a company-internal logo. A competition association had sued.
The BGH sided with the plaintiff. The key message of the ruling: companies that advertise climate neutrality must explain in the ad itself whether this is achieved by avoiding emissions or by offsetting. A link to a website is not enough. The BGH also made clear that reduction has priority. A company that only offsets, without serious reduction efforts, is on the wrong side of the rule.
For consumers this means: if you see only "climate neutral" on packaging without further explanation, from 27 September 2026 the manufacturer is at double risk — once under BGH case law, once under the UWG. The judgement text is available from the Bundesgerichtshof.
Timeline: From EU decision to application
Recognised eco labels: which ones still count
These five seals are issued by state bodies or internationally recognised organisations. They stay compliant under the new law and you can rely on them as a consumer.
EU Organic Label
Food
EU Organic Regulation
Blue Angel
Products & services
BMUV / RAL
EU Ecolabel
Various products
EU Commission / UBA
FSC
Wood & paper
Forest Stewardship Council
GOTS
Textiles
Global Organic Textile Standard
What penalties do companies face?
After the UWG reform three sanction levels can hit a company that breaks the new greenwashing rules:
1. Cease-and-desist warning
Competition associations such as the Wettbewerbszentrale or qualified bodies under § 8 UWG demand a cease-and-desist declaration. Costs are usually in the low four-digit range plus legal fees.
2. Injunction
Competitors or consumer associations (such as the vzbv) sue at the regional court for an injunction. Damages can be added on top.
3. Administrative fine
For cross-border violations the EmpCO directive allows fines of up to 4 % of EU annual turnover (for companies with annual turnover above 1.25 million euro). Smaller violations carry smaller fines.
Legal basis: §§ 8, 9, 19 UWG as amended by the Third UWG Amendment Act; Art. 13(3) Directive 2005/29/EC (UCPD) in combination with Directive 2024/825.
What changes for you as a consumer
More transparency
Environmental claims must be concrete and verifiable. Instead of "eco-friendly" you should see something like "30 % less CO2 than the previous product, internal measurement 2025".
Real reduction, not just offset shopping
If a company advertises climate neutrality, emissions must be avoided first. Pure offsetting is not enough under the BGH ruling and the EmpCO directive.
Stronger enforcement
Consumer associations and competition bodies now have clearer tools. Violations can be reported directly to the Verbraucherzentrale.
Label clarity
Recognised seals like EU Organic, Blue Angel and EU Ecolabel remain the simplest signal. Company-owned eco logos will be scrutinised more strictly.
How to spot greenwashing in 5 seconds
- · Generic terms (climate neutral, sustainable, green) without a concrete number or source.
- · Company-internal seals with no external check.
- · Focus on one aspect (e.g. packaging) while the rest is hidden.
- · "Climate neutral" with no explanation of reduction vs offsetting.
- · Green colours, leaves and earth icons without the product being greener than competitors.
Tip: if an ad looks suspicious, take a screenshot with date and report it to your Verbraucherzentrale.
Frequently asked questions about the 2026 Anti-Greenwashing Law
What is the Anti-Greenwashing Law in Germany 2026?
The term 'Anti-Greenwashing Law' refers to the Third UWG Amendment Act (Drittes UWG-Änderungsgesetz), published in the German Federal Law Gazette on 19 February 2026. It transposes the EU Empowering Consumers Directive 2024/825 (EmpCO) into German law. The new rules apply to all companies advertising in Germany from 27 September 2026.
Which terms are banned from 27 September 2026?
Generic environmental claims such as 'climate neutral', 'eco-friendly', 'ecological', 'sustainable' or 'CO2 neutral' may no longer be used without specific evidence or a recognised certification. Claims that only describe part of a product but are phrased as a general statement also fall under the ban.
What penalties do companies face for violations?
After the UWG reform three types of sanctions are possible: cease-and-desist warnings (Abmahnungen) from competition associations such as the Wettbewerbszentrale, injunctions from competitors or consumer associations, and administrative fines. For companies with EU annual turnover above 1.25 million euro, fines of up to 4 percent of annual turnover are possible for serious cross-border violations.
Which eco labels are still allowed?
State-controlled or internationally recognised seals remain valid: EU Organic, Blue Angel (awarded by RAL on behalf of the German Federal Environment Ministry), EU Ecolabel, FSC for wood and paper products, and GOTS for textiles. Private or company-owned labels must meet the new evidence and transparency requirements.
What did the BGH Katjes ruling decide?
On 27 June 2024 the German Federal Court of Justice (Bundesgerichtshof, file no. I ZR 98/23) ruled that advertising with 'climate neutral' is only allowed if the ad itself explains whether neutrality is achieved through emission reduction or offsetting. Pure offsetting is not enough, and reduction must take priority.
Does this law apply to foreign online shops selling into Germany?
Yes. As soon as advertising or product descriptions target consumers in Germany, the UWG and the EmpCO directive apply, regardless of where the company is based. Marketplace sellers and third-party vendors on German platforms are also covered.
What can I do as a consumer if I see greenwashing?
Take a screenshot with date and report it to the consumer association (Verbraucherzentrale) in your German state, or file a complaint with the Wettbewerbszentrale at wettbewerbszentrale.de. Both bodies investigate violations and can demand a cease-and-desist declaration or file lawsuits.
What about the Green Claims Directive?
The Green Claims Directive (COM(2023) 166) is not in force. The European Commission announced its withdrawal in June 2025. The relevant law companies need to follow is the EmpCO Directive 2024/825 and the German Third UWG Amendment Act.
Sources & further reading
- · EU: Directive (EU) 2024/825 (EmpCO) in the Official Journal
- · German Federal Environment Agency (UBA) — Stronger protection against greenwashing
- · German Federal Ministry of Justice (BMJ) — Greenwashing topic page
- · Bundestag DIP — Third UWG Amendment Act
- · BGH I ZR 98/23 (27 Jun 2024, Katjes / climate neutral)
- · Verbraucherzentrale Bundesverband (consumer association)
- · Wettbewerbszentrale (competition watchdog)
More 2026 consumer rights changes in Germany: see all 2026 changes in Germany.