A green promise can build trust – or from autumn 2026 lead to a cease-and-desist letter.
Companies love advertising with sustainability, but the rules are becoming significantly stricter: following the Bundesrat's approval on 30 January 2026 of the Anti-Greenwashing Law, it is clear that unclear or unsubstantiated environmental promises will represent a significant competition risk in future. Anyone who uses terms such as "climate-neutral", "ecological" or "environmentally friendly" must be able to substantiate these claims in a solid and verifiable manner – otherwise they face serious consequences under the UWG.
Summary for those in a hurry
- Status: Anti-Greenwashing Law finally approved by the Bundesrat on 30 January 2026
- Key date: Expected to enter into force from 27 September 2026
- Core content: Environmental advertising claims ("Green Claims") must be scientifically substantiated; strict rules for sustainability labels
- Legal consequence: Certain practices added to the "black list" of the UWG (§ 3 para. 3 UWG) – cease-and-desist proceedings become significantly easier
Background: Why is this tightening happening?
The law implements EU Directive 2024/825 ("Empowering Consumers") and aims to drive vague environmental promises out of advertising. This paves the way for one of the most far-reaching tightenings of advertising law in recent years: claims that suggest a positive environmental impact must in future be considerably more robust than just "feeling sustainable".
What changes specifically?
1. Strict requirements for "Green Claims"
Environmental advertising must in future be comprehensively substantiated. Once a product is advertised as "environmentally friendly" or "ecological":
- Evidence is mandatory: Anyone using general terms must be able to verifiably substantiate the outstanding environmental performance of the entire product.
- Certification obligation for sustainability labels: A label may only be used if it is based on an independent certification system or has been established by government authorities.
What is crucial is not just whether documentation exists, but whether it is meaningful, comprehensible and consistent with the specific advertising claim.
2. Certification obligation for labels
A label may only be used if it is based on an independent certification system or has been established by government authorities. Self-created "green" labels without independent verification are a thing of the past.
3. Future promises need a plan
Anyone advertising with future goals (e.g. "carbon-free by 2030") must immediately have a foundation:
- Implementation plan: a detailed, realistic and publicly verifiable plan must be in place
- Transparency: progress must be traceable – for consumers and, where applicable, authorities
From § 5 UWG to the "black list"
In practice, attacks against greenwashing had until now been based primarily on § 5 UWG (misleading commercial practices). Considerable transparency obligations already applied – shaped above all by the Federal Court of Justice's case law on the term "climate-neutral".
The innovation: certain greenwashing practices will in future be added to the "black list" (Annex to § 3 para. 3 UWG).
- Consequence: Violations are deemed automatically unfair – proof of deception in the individual case is no longer required.
- Risk: The burden of proof and defence shifts onto companies. Cease-and-desist letters from competitors and trade associations become considerably easier to issue.
Key date 27 September 2026: Short window for adjustments
Companies should use the remaining time to put their claims, labels and marketing materials on a legally secure footing:
- No extended sell-off periods: Products on the market after the key date that do not meet the requirements can be subject to cease-and-desist action – regardless of when they were produced or packaged.
- Existing materials also affected: Packaging, online listings, brochures, social media assets and campaigns should be reviewed in good time.
With the Anti-Greenwashing Law 2026, the requirements for sustainability communications increase considerably. Anyone who wishes to continue advertising with environmental advantages should review claims, labels and future promises early and document them robustly – particularly in view of the key date of 27 September 2026.
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FAQ: Frequently asked questions on the Anti-Greenwashing Law
What is "greenwashing" within the meaning of the new rules?
Greenwashing is any misleading commercial practice in which a company makes unfounded or unverifiable claims about the environmental advantages of a product or service.
What consequences threaten non-compliance?
The focus is on competition law claims: costly cease-and-desist letters, injunction proceedings and, depending on the situation, further claims by competitors or trade associations. In practice, the risk of cease-and-desist action increases significantly.
Must existing advertising materials be destroyed?
Materials and packaging that do not meet the requirements should no longer be used from 27 September 2026. Timely review and adaptation is crucial.
Does this only apply to large companies?
No. In principle, all companies that advertise environmental advantages to consumers are affected – regardless of size or sector.
