Warning Wave 2025: Greenwashing in the Crosshairs of the Consumer Advice Centre

From 27 September 2026, EU Directive 2024/825 (EmpCo) will come into full force, tightening the rules for environmental claims in corporate communications. This is already leading to increased scrutiny by consumer organisations and a corresponding wave of warnings.

Increasing Warnings from the Consumer Advice Centre

The Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband (vzbv)) already recorded a significant increase in warnings in the area of greenwashing in 2025. While the exact figures may vary, the trend signals increased control of environmental claims. The focus is on companies that make misleading or unsubstantiated claims about the environmental friendliness of their products or services. The areas of food, fashion and energy are particularly affected.

Risky Environmental Claims After EmpCo

The EmpCo Directive prohibits certain statements per se and sets high requirements for the substantiation of others. Particularly critical are:

* Climate neutrality with offsetting: As confirmed by the Bundesgerichtshof (BGH, Germany's Federal Court of Justice) in the Katjes ruling (I ZR 98/23) of 27 June 2024, claims of climate neutrality based on carbon offsetting are fundamentally inadmissible. * Generic environmental terms: Terms such as “sustainable”, “environmentally friendly” or “green” must not be used without concrete, measurable evidence. * Own sustainability seals: Companies must not use their own seals or labels that are not secured by an independent, external certification system.

Statements about the regional origin of products can also be problematic if they cannot be substantiated by appropriate certificates or evidence. Under Section 5 UWG and the EmpCo Directive (EU 2024/825), clear and comprehensible information on origin is required.

Legal classification for companies

From 27 September 2026, the following aspects determine whether marketing communication is exposed to the risk of warnings:

1. Scope of the claims: All marketing materials, website content and product descriptions containing environmental claims fall within the scope of the EmpCo Directive.
2. Substantiation obligation: Environmental claims require substantiation through recognised certificates (e.g. EU-Bio, Fairtrade, Bluesign, FSC) or other verifiable evidence; claims without such substantiation are inadmissible.
3. Generic terms: Vague or general statements without concrete, measurable information are classified as misleading under Section 5 UWG and the EmpCo Directive.
4. Legal assessment: Whether marketing materials meet the requirements of the EmpCo Directive is a legal question; this article does not constitute legal advice.
5. Enforcement environment: Consumer organisations monitor environmental claims and issue warnings where the requirements are not met.

After the application date, marketing materials that do not meet the new requirements carry the risk of costly warnings and reputational damage.