Federal Court of Justice restricts advertising with climate neutrality
The advertisement appeared in a trade journal for the food industry. In it, it was stated: "Since 2021, Katjes has produced all products climate neutral." On the pictured fruit gummy packaging, the "climate neutral" logo was visible, as well as the address of the partner company ClimatePartner. Via a QR code, the page could be reached directly.
The production of the fruit gummies themselves was not climate neutral. Katjes compensated for the emissions, however, through the support of climate protection projects. The Advertising Council held the advertising misleading and is now suing before the Federal Court of Justice.
According to the presiding judge Thomas Koch in the judgment, the risk of misleading is particularly great in environmental advertising. If a ambiguous term like "climate neutral" is used, it must therefore be explained in the advertising itself - hints outside the advertising are not sufficient.
This is especially important, as the compensation of emissions is not equivalent to the reduction of greenhouse gases, Koch explained. For climate protection, it is more important to prevent greenhouse gases.
Reiner Münker, the managing director of the Advertising Council, expressed satisfaction with the decision. All manufacturers must adhere to this, he said - "this applies industry-wide". Münker also referred to the fact that stricter regulations of the European Union are already in the works.
In January, the European Parliament passed a law on so-called greenwashing. Accordingly, slogans such as "environmentally friendly", "climate neutral", or "biologically degradable" should no longer be printed on products without verifiable evidence.
Recently, the Environment Ministers and Ministers of the EU agreed on a draft for stricter rules for environmental labels. They agreed on a law, according to which sustainability claims for products must be scientifically proven in the future. The law is now in negotiations with the European Parliament, which could begin in the fall.
ClimatePartner announced on Thursday that they have already introduced new labels and will no longer offer the "climate neutral" label. Independently of the BGH judgment, they were also keeping an eye on the upcoming regulations from the EU. "Our goal is to motivate as many companies as possible to the climate protection in the future," ClimatePartner further explained.
- Katjes, as a confectionery manufacturer, claimed climate neutrality for their products starting from 2021, which was highlighted in their advertising and packaging.
- The Federal Court of Justice is currently hearing a case against Katjes, initiated by the Advertising Council, who believe the company's advertising about climate neutrality is misleading.
- In his judgment, presiding judge Thomas Koch noted that the use of ambiguous terms like "climate neutral" in advertising requires explicit explanation within the ad itself, not just outside hints.
- ClimatePartner, the partner company Katjes collaborates with for climate neutrality certification, has already stopped offering the "climate neutral" label, citing the impending stricter regulations from the European Parliament.
