New EU and German laws deliver red card for unjustified 'green' claims on packaging
Published on 9 June 2026
Two EU laws reforming the rules on environmental claims will overhaul how companies design, develop and label packaging
Update (28 September 2026): Section 15b of the German Act against Unfair Competition (UWG) – Special provision for existing stockThe new provisions of the UWG on environmental claims and sustainability labels implementing the EmpCo Directive have been in force since 27 September 2026. Unlike what is often the case with legislative amendments, no sell‑off period was provided for products already placed on the market – as a rule, existing stock is therefore directly subject to the new requirements, including the per se prohibitions contained in the “blacklist”. By introducing, at short notice, a special provision in the new Section 15b UWG, the German legislator nevertheless created a special relief measure for existing stock on 24 September 2026 – just three days before the reform entered into force. However, this does not amount to a carte blanche for goods placed on the market before 27 September 2026: For this period, injunctive claims under Section 8(1) UWG against non‑compliant products that were placed on the market before 27 September 2026 can only be enforced following a case‑by‑case balancing of interests. In the context of this comprehensive balancing of interests, the following factors must in particular be taken into account:
The special provision in Section 15b UWG is a temporary rule. It applies for two years and will cease to have effect on 27 September 2028. For products newly placed on the market from 27 September 2026 onwards, the new UWG provisions apply in full and without such relief. Section 15b UWG also does not apply to digital communications or printed advertising materials. Companies that continue to sell existing stock should prepare by documenting the date on which the existing‑stock products were first placed on the market and the circumstances that may be relevant for the balancing of interests. |
Designing packaging nowadays involves far more than merely design and marketing. Packaging is subject to numerous legal requirements, ranging from product safety labelling obligations to the now applicable EU Packaging and Packaging Waste Regulation (PPWR) (2025/40), with environmentally related statements, or "green claims", on packaging a particular focus of recent regulatory activity.
The EU directive specifically intended to harmonise the law on environmental advertising, however, is currently on political hold: the European Commission formally withdrew the Green Claims Directive on 20 June 2025, and it remains unclear whether and in what form an EU directive on environmental claims will be reproposed. Green claims will in future be subject to the general prohibitions on misleading practices as well as, under the EU Empowering Consumers (EmpCo) Directive (2024/825), to additional and specific requirements. The new PPWR likewise contains standalone rules on environmental statements on and about packaging.
Green claims
Terms such as “environmentally friendly”, “green” or “climate‑friendly” appear on many types of packaging today and are designed to suggest sustainability, but may lead to considerable legal problems for companies when the EmpCo Directive takes effect from 27 September 2026.
The EmpCo Directive significantly tightens the requirements for environmental advertising claims. General environmental claims may then no longer be used at all including on packaging. Many companies could find that they are unprepared and react too late to the transition, which in the short term is likely to result in a significant waste of resources; for example, through the destruction or over‑labelling of packaging stocks.
Environmental claims
The scope of the EmpCo Directive is broadly defined. An environmental claim is any statement or representation which, in the context of a commercial communication and whether expressly or implicitly, conveys that a brand, a company, a product or its packaging has a positive or no impact on the environment, is less harmful than others, or has improved its environmental performance over time.
The scope extends beyond text. Images, graphics, symbols, colours, brand names or product designations can also constitute environmental claims; for example, nature‑related imagery or predominantly green packaging designs. Under the directive's recitals, the combination of an otherwise neutral statement with implicit elements such as nature motifs or green colour tones can, taken together, constitute a general environmental claim.
Once the EmpCo Directive is implemented, general formulations such as “environmentally friendly”, “green”, “sustainable”, “climate‑friendly” or “eco‑friendly” will appear on the blacklist in the German Act against Unfair Competition (UWG) and will in future be per se inadmissible, unless the advertiser can demonstrate a verifiably outstanding environmental performance.
Permissible claims
General environmental claims are, in principle, prohibited. A claim will not be treated as a general environmental claim, however, if its specification is clearly and prominently indicated in the same medium. The wording “climate‑friendly packaging” without further explanation would, for example, be inadmissible. A specific claim such as “100% of the energy used to manufacture this packaging comes from renewable sources” can be permissible, provided this is supported by robust evidence. Even where a claim is specified, it is not automatically permissible: what matters is whether the assertion is logically supported by solid proof.
Environmental claims that are sufficiently explained and specified on the same product packaging do not fall under the per se prohibition. The level of detail required depends on the medium: on packaging, a scientific article is not necessary, but the core statement must be explained in an understandable and demonstrable way.
A mere QR code referring to external information is unlikely to be sufficient in most cases. By contrast, directly explaining a term, such as “environmentally friendly because the packaging consists of 80% recycled material”, can constitute a permissible, sufficiently specified statement, but always on the condition that it is accurate.
Sustainability labels
Sustainability labels on packaging will only be permissible if they are based on a state-recognised system or on certification by an independent third party. Own‑brand seals or ratings without a transparent, verifiable procedure are prohibited. Companies which use their own sustainability labels should review their lawfulness. Particular care is also required where designs may be perceived as seals, such as text in coloured, highlighted circles. The directive has broad implications for whether trade marks containing environmental claims can continue to be used on packaging.
Further prohibitions
The EmpCo Directive contains further prohibitions that directly affect communication on packaging, including the incorrect scope of an environmental claim and advertising with statutory minimum standards.
A product may not be advertised overall as “made with recycled material” if in fact only the packaging contains recycled material: the exact scope of the claim must be clearly identifiable.
Statutory minimum standards may not be advertised as special or outstanding characteristics. If certain chemical substances are prohibited in packaging anyway, advertising with the statement “free from …” is inadmissible. In light of the stricter statutory requirements to be introduced by the new PPWR, sustainability claims relating to packaging merit particular scrutiny.
Such advertising is legally risky. Under current law, advertising including on packaging must not be capable of misleading consumers about product characteristics. In 2024, the Federal Court of Justice found the advertising of a product as “climate neutral” to be misleading, as this term was ambiguous, in the view of the competent First Civil Senate, and in need of explanation which was lacking.
The PPWR
Another central measure within the framework of the European Green Deal is the PPWR, which applies from 12 August 2026. Obligations will enter into force in stages, so that, unlike with the EmpCo Directive, companies have somewhat more time to adapt to many of the changes.
The aim of the PPWR is to make packaging itself more sustainable and to require corresponding labelling and not primarily to establish a framework for sustainability claims. Nevertheless, the regulation addresses environmental claims directly.
Article 14 provides that environmental claims regarding packaging characteristics are only permissible if those characteristics go beyond statutory minimum standards. Each claim must state clearly whether it relates to the specific packaging unit, a part of the packaging unit or all packaging placed on the market by the economic operator. Compliance with these requirements must be documented internally. This rule is in line with the EmpCo Directive, under which presenting a legally required characteristic such as substance prohibitions as a special feature is always unfair.
The PPWR sets out requirements for the entire life cycle of packaging and applies in principle to all packaging, regardless of material or sector. Among other things, it introduces binding recyclability criteria, minimum shares of recycled content, rules on packaging minimisation and empty space, and prohibitions on certain packaging formats. Uniform labelling requirements are also introduced, with the aim of making waste separation easier.
Many obligations will only apply from 1 January 2030 or later; the timing of each must be assessed on a case‑by‑case basis. As implementation of the PPWR is likely to be complex, early planning is advisable. If packaging is already being analysed in the course of reviewing environmental claims, this can be an opportunity for a comprehensive inventory of packaging.
Osborne Clarke comment
Given the timescales involved, there are several practical steps that businesses can promptly address.
- Record green claims on packaging. All environmentally-related statements directly on the packaging, including pictograms, colours, images, should be identified, along with an assessment of whether they merely reflect statutory standards or whether an additional environmental performance exists
- Evidence and documentation. For every existing or planned environmental claim on the packaging, companies will need to internally substantiate and document that statutory minimum requirements are exceeded
- Clarify the reference. The packaging should clearly state where the environmental claim refers to the specific packaging unit, part of the packaging or entire product line.
Review sustainability labels on packaging. All sustainability labels and logos used on packaging will need to be reviewed for robust certification and control mechanisms - Conversion by 27 September 2026. Packaging will need to be adapted in good time and unlawful or unsubstantiated environmental claims removed or over labelled by this date at the latest.
As part of this process, companies preparing for the PPWR will need to record the material composition of each packaging, including: “substances of concern”, the current proportion of recycled content, the recyclability of the packaging, labelling obligations and current labelling status, and reusability and circulation and volume data per packaging type.
