Food: Greenwashing Risk 2026
Food is the most at-risk sector for warnings under the EmpCo Directive and BGH case law: consumers decide in seconds based on packaging claims, and competitors such as the consumer advice centres have been actively litigating against unsubstantiated environmental claims for years. The Katjes judgment (BGH I ZR 98/23) clarified in 2024: "climate-neutral" is only permissible if the underlying CO₂ calculation and offsetting methods are linked directly on the product. "Sustainable" alone is deemed generic and therefore misleading.
Typical claims in Food
- „sustainably grown"
- „climate-neutral production"
- „environmentally friendly packaging"
- „ecological"
- „from regional production"
- „CO₂-neutral"
- „natural"
- „fairly traded"
- „environmentally sound"
- „fit for our grandchildren"
Concrete examples (red/amber)
- "Sustainably grown coffee" without certificate or supply chain evidence
- "Climate-neutral chocolate" through CO₂ offsetting instead of reduction
- "From regional production" without definition of region (e.g. eggs from 200 km away)
- "Natural" on highly processed product with flavourings and E-numbers
- "Bio-inspiration" — play on words as greenwashing indicator (BGH 2024)
Recognised certificates
Relevant court rulings
Frequently asked questions
May I still advertise with "organic"?
Yes, provided you are EU Organic certified and state the control body number (e.g. DE-ÖKO-007) on the packaging. The term "organic" is legally protected EU-wide — use without certification is prohibited.
Is "climate-neutral" on food completely banned from 2026?
Not blanket-wise. Prohibited is the statement without direct disclosure of the underlying CO₂ calculation and offsetting methodology. Those who transparently document reduction pathway + offsetting (e.g. Gold Standard, VCS) and link on the product can continue to use the term under EmpCo Annex I No. 4c.
What about "regional" — how many kilometres are permitted?
Case law typically assumes 50-100 km. Under Section 5 UWG and the EmpCo Directive (EU 2024/825), "domestic" is misleading for supply distances exceeding 100 km. Safer route: name specific region ("Bavaria", "Black Forest") instead of vague terms.
Is the Fairtrade logo sufficient?
Yes, with FLO-ID on product. Important: For mixed products (e.g. chocolate with 30% Fairtrade cocoa) the proportion must be stated as a percentage — otherwise the logo suggests 100% Fairtrade composition which is not the case.
Who can issue a warning letter against me?
Competitors, consumer protection associations (e.g. Verbraucherzentrale Bundesverband), the Wettbewerbszentrale as well as qualified trade associations under § 8 Abs. 3 UWG. Warning letter costs typically range from €1,500-5,000 per infringement.
Empcora is a pure checking and documentation service and provides general information only on the legal situation based on the EmpCo Directive (EU 2024/825) and the unfair-competition / consumer-protection law transposing it in your jurisdiction including references. This is not individual legal advice and includes neither the rewriting nor the drafting of texts. No liability or warranty is assumed for the correctness, completeness or up-to-dateness of the analysis, nor for any legal consequences. The legal assessment of an individual case rests with an admitted law firm or lawyer.