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All industries Risk: high

Horticulture & Flowers: Greenwashing Risk 2026

The horticulture and flower trade are particularly vulnerable to warnings, as consumers increasingly value sustainability and environmental friendliness. At the same time, the products are often complex in their production and supply chain, which offers scope for greenwashing practices. EU Directive 2024/825 (EmpCo) tightens the requirements for transparency and verifiability of environmental claims from 27 September 2026. Claims such as 'organic', 'pesticide-free' or 'sustainable' are particularly critical, as they can be classified as misleading without appropriate certifications or concrete evidence. The BGH judgment (I ZR 98/23) in the Katjes case has shown that the use of terms such as 'climate-neutral' without detailed disclosure of the calculation method and offsetting measures can also have legal consequences. This applies analogously to claims about the carbon footprint of plants and flowers. The EmpCo Directive prohibits generic claims without recognised evidence pursuant to Annex I No. 4a UCPD. This means that horticultural businesses and flower traders must fundamentally rethink their marketing communications and focus on transparent, comprehensible and certified information. Clear labelling with quality marks such as EU organic, Demeter or Naturland is essential to avoid warnings and win consumer trust. Documentation of cultivation methods, the supply chain and the use of plant protection products is also of great importance.

Typical claims in Horticulture & Flowers

  • organic plants"
  • pesticide-free"
  • sustainably grown"
  • environmentally friendly production"
  • bee-friendly"

Concrete examples (red/amber)

  • 'Grown without pesticides' without independent residue analysis and evidence
  • 'Organic plants' without valid EU organic certificate and control body number
  • 'Sustainable orchids' without information on water use, fertilisation or transport

Recognised certificates

EU organic (DE-ÖKO-XXX)
EU-wide uniform organic labelling with mandatory control body number.
Demeter
Biodynamic cultivation according to Demeter guidelines, stricter criteria than EU organic.
Naturland
German association for organic agriculture, focus on regional cycles and social standards.

Relevant court rulings

BGH · I ZR 98/23 · 2024
Katjes — 'climate-neutral' without disclosure of calculation method and offsetting measures misleading pursuant to § 5 UWG. Analogously applicable to claims about the carbon footprint in horticulture.

Frequently asked questions

May I advertise plants as 'bee-friendly'?

Yes, but only if you can prove that the plants provide nectar and pollen in sufficient quantity and quality and that no plant protection products harmful to bees are used.

What does the EmpCo Directive mean for the sale of organic plants?

From 27.09.2026, the use of the term 'organic' without a valid EU organic certificate and control body number is inadmissible and constitutes a misleading commercial practice (§ 5 UWG).

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General information, not legal advice

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.