Climate - BGH: Advertising must explain what "climate neutral" means
When companies advertise with a ambiguous environmental term, the meaning of which must be explained in the advertisement itself. The Federal Court of Justice (BGH) held this in a judgment on a Thursday. In the specific case, it was about an advertisement with the term "climate neutral". The confectionery manufacturer Katjes had advertised with this term in a food industry magazine. The production process itself is not emission-free, but the company supports climate protection projects through an environmental consultant as compensation.
The Frankfurt Competition Center had filed a lawsuit because they considered the advertising misleading. The consumer had been deprived of important information - for example, about how climate neutrality was achieved. The highest German civil court therefore ruled in favor of the plaintiffs on Thursday and ordered Katjes to cease the advertising. An explanation of the term "climate neutral" was therefore necessary above all because the reduction of CO2 emissions and the compensation of these emissions were not equivalent measures for the achievement of climate neutrality.
Termination notice of the BGH
- Despite arguing that their production process is not entirely emission-free, Katjes relied on supporting climate protection projects to claim 'climate neutrality' in their advertising.
- The Federal Court of Justice in Karlsruhe issued a ruling on Thursday, stating that Katjes' advertising was misleading due to the lack of clarity about achieving 'climate neutrality'.
- In North Rhine-Westphalia, the Federal Court of Justice emphasized the importance of providing clear explanations for ambiguous environmental terms in advertising, such as 'climate neutrality'.
- The Frankfurt Competition Center's lawsuit against Katjes' advertising was successful, with the court agreeing that consumers should be informed about the processes and compensation involved in achieving 'climate neutrality'.
- Companies in Germany must now ensure they accurately explain environmental terms like 'climate neutrality' in advertisements, following the ruling by the Federal Court of Justice, to avoid misleading the public.
