A self-designed leaf symbol bearing the word "sustainable", a blanket "environmentally friendly" on the packaging: what is today meant to build trust will in many cases be per se impermissible from 27 September 2026. The UWG amendment implementing EU Directive 2024/825 ("Empowering Consumers") – promulgated on 19 February 2026 – targets two closely interlinked sets of facts: general environmental claims and sustainability labels.
Summary for the Time-Pressed
- General environmental claims such as "environmentally friendly", "green", "ecological", "climate-friendly" or "biodegradable" are per se prohibited unless recognised excellent environmental performance can be demonstrated (no. 4a of the blacklist).
- Sustainability labels may only be used if they are based on an independent certification system or are established by public authorities (no. 2a).
- Proprietary labels that are not open to third parties will be impermissible from 27 September 2026.
- The concept of a label is broad: any graphically presented sustainability claim may fall within its scope – tending to include concise references to independent tests.
- The remaining escape route is the specific environmental claim – but only if it is clear and prominent on the same medium, without any break in medium.
General Environmental Claims: Generic = Impermissible (no. 4a)
Under no. 4a of the Annex to § 3 para. 3 UWG, the following will in future be always impermissible:
making a general environmental claim where the trader cannot demonstrate the recognised excellent environmental performance underlying that claim.
A "general environmental claim" is a blanket assertion that cannot be verified on the basis of objective criteria – for example "environmentally friendly", "environmentally sound", "green", "nature-friendly", "ecological", "climate-friendly", "CO₂-friendly", "energy-efficient", "biodegradable" or "bio-based" (recital 9 of the Directive). Combinations of text, colours and images may likewise constitute such a blanket claim.
The concept of "recognised excellent environmental performance" is interpreted narrowly. Only performance consistent with the following is covered:
- the EU Ecolabel (Regulation (EC) No 66/2010),
- nationally or regionally officially recognised eco-labels pursuant to DIN EN ISO 14024 Type I, or
- top environmental performance under other Union law.
In practice this means: "energy-efficient" may be permissible at energy-efficiency class A, whereas "climate-neutral" is not – due to the absence of a corresponding top-performance standard. The window for generic advertising is therefore very narrow.
The Escape Route: Specific Rather Than Generic Claims
Specific environmental claims remain permissible. By way of example: "climate-friendly packaging" is generic and thus problematic; "100% of the energy used to manufacture this packaging comes from renewable sources" is specific and in principle permissible.
The form of the specification is decisive:
- It must be stated clearly and prominently on the same medium – no break in medium via QR code or website.
- In the case of eye-catching advertising, the specification must form part of the eye-catching element.
- The general prohibition of misleading conduct under § 5 UWG continues to apply to specific claims as well – the statement must therefore also be substantively accurate.
Sustainability Labels: Only with Independent Verification (no. 2a)
In parallel, no. 2a of the Annex prohibits the use of a sustainability label that is neither based on a certification system nor established by public authorities. The legal consequences are claims for removal and injunctive relief by competitors and associations under § 8 UWG.
The concept of a label (§ 2 para. 2 no. 4 UWG) is deliberately broad: it covers every voluntary trust mark, quality mark "or similar" – that is, every graphically presented sustainability claim comprising text and/or symbols (leaves, circular-economy graphics, water droplets). "Sustainability" in this context encompasses not only ecological but also social characteristics such as working conditions, human rights or animal welfare.
A "certification system" (§ 2 para. 2 no. 6 UWG) requires in particular:
- Verification by an independent, competent third party (typically the triangular relationship between advertiser, label holder and certifier; benchmark e.g. ISO 17065),
- Openness to all traders on transparent, fair and non-discriminatory conditions,
- requirements drawn up in consultation with experts and publicly accessible,
- a procedure for addressing infringements.
The advertiser and the label holder may be the same entity – but only if all other requirements are met (in particular openness to third parties and independence of the certifier). Pure proprietary labels that are not open to third parties will therefore be impermissible from 27 September 2026. Marks established by public authorities, such as EMAS (Regulation 1221/2009) or the EU Ecolabel (Regulation 66/2010), remain permissible.
Caution Regarding References to Tests and Own Brands
Two practical issues deserve particular attention:
- References to independent consumer tests (e.g. Stiftung Warentest, Öko-Test): since the legislation does not require any promotional intent and such references specifically single out award-winning products, they tend to qualify as labels as well. The legislature has itself acknowledged a need for clarification here – the legal position is not yet definitively settled.
- Own brands and private labels: the prohibition is in principle addressed to the manufacturer. A retailer is, however, exceptionally liable as a "quasi-manufacturer" if its brand or name appears on the product – in that case it adopts the label as its own.
That said: advertisers may rely on the published information provided by the label holder and are not required to examine in detail whether the latter actually complies with the statutory requirements. Nevertheless, a review of the system's transparency and credibility, together with documentation, is strongly recommended.
Distinction: A Label Is Not the Same as a General Environmental Claim
An important practical point: the strict rules on general environmental claims (no. 4a) do not apply to claims contained on a legally compliant sustainability label. A permissible label may therefore also bear generic terms such as "environmentally friendly". This makes it all the more important to classify correctly whether, in a given case, a label or a free advertising claim is involved.
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FAQ
May we continue to use our own sustainability logo?
Only if it is based on a certification system that is open to third parties and independently verified, or if it has been established by public authorities. Pure proprietary labels without independent verification will be impermissible from 27 September 2026.
Is "environmentally friendly" generally prohibited?
As a blanket, general environmental claim, yes – unless recognised excellent environmental performance is demonstrated or the claim appears on a legally compliant label. Specific, verifiable claims remain permissible.
Does a reference to a Stiftung Warentest award count as a label?
On the current assessment, it tends to do so. The legal position has not yet been definitively clarified; a case-by-case review is advisable.
Who is liable – the manufacturer or the retailer?
In principle the manufacturer. A retailer is liable as a "quasi-manufacturer" if the product bears its brand or name.
