Deutsche Umwelthilfe and Greenwashing: Understanding the Warning-Letter Risk

The DUH as a key player: Deutsche Umwelthilfe (DUH, German Environmental Aid) is one of the most active organisations with the right to sue in consumer and environmental law in Germany. Since 2010 it has pursued a number of greenwashing cases against retailers and energy companies, with documented court successes including TotalEnergies (LG Düsseldorf, 24 March 2023) and dm (LG Karlsruhe, 26 July 2023).

How a greenwashing warning-letter procedure typically works: Enforcement against misleading environmental advertising under unfair-competition law (UWG) usually follows a familiar pattern. The party with standing to sue first issues a warning letter and asks the affected company to sign a cease-and-desist declaration secured by a contractual penalty. If the company refuses, the next step is generally an action for injunctive relief before the courts. The level of any contractual penalty and the value in dispute depend on the individual case — there is no fixed figure, and the amounts are set according to the circumstances of each matter.

Typical course of proceedings: Most matters end with a cease-and-desist declaration; only a portion reach a court judgment, and some are withdrawn or settled.

Realistic Risk Profile: Any brand advertising with generic, unsubstantiated environmental claims faces a real risk of receiving a warning letter — the more prominent the brand and the broader the claim, the higher the exposure. The best defence: Prevention. An annual Empcora audit costs €49, while a contested warning letter can become expensive in both legal and reputational terms.