Packaging & Shipping: Greenwashing Risk 2026

The packaging and shipping sector is a focal point of the EmpCo Directive and the associated risks of warnings. Consumers are increasingly attentive to sustainability, and companies making misleading environmental claims risk severe penalties. The BGH case law (I ZR 98/23) has made clear that even vague claims such as "environmentally friendly" without concrete evidence are inadmissible. The EmpCo Directive tightens these requirements from 27 September 2026. Generic claims such as "100% recyclable" or "plastic-free" are inadmissible without evidence of an actual recycling rate or detailed material specifications (Annex I No. 4a UCPD). Companies must transparently disclose which materials their packaging consists of, what the proportion of recycled material is, and what disposal options exist. Particularly critical is the use of terms that create a false or exaggerated perception of environmental friendliness. For example, the claim "compostable" is only permissible if the packaging demonstrably complies with standards EN 13432 or EN 17427. Companies that do not meet these requirements risk warnings and claims for damages. Proactive adaptation of marketing communications and the implementation of transparent supply chains are therefore essential to minimise legal risks and win consumer trust.