Anti-Greenwashing Act 2026: New liability risks in the UWG
A green promise can create trust - or, from the fall of 2026, become the Warning lead.
Companies like to advertise sustainability, but the rules are becoming much stricter: after the Approval of the Federal Council on 30.01.2026 For the Anti-Greenwashing Act, it is clear that unclear or unsubstantiated environmental promises will pose a significant competitive risk in the future.
Whoever uses terms like „climate neutral“, „ecological“ or „environmentally friendly“ must use these statements in the future Substantiated and resilient otherwise there is a risk of tangible consequences under the UWG.
Summary for those in a hurry:
- Status: Anti-Greenwashing Act passed by the Federal Council on 30.01.2026 finally approved
- Key date: Expected to come into force from 27.09.2026
- Core content: Environmental advertising claims („green claims“) must Scientifically proven be; strict rules for sustainability seals
- Legal consequence: Inclusion of certain practices in the „Blacklist“ of the UWG (§ 3 para. 3 UWG) - Warnings are made significantly easier
Background: Why is the tightening coming?
The law serves to implement the EU Directive 2024/825 („Empowering Consumers“) and aims to achieve this, Vague environmental promises from advertising.
This paves the way for one of the most far-reaching tightening of advertising law in recent years: claims that suggest a positive environmental impact must in future be significantly more robust than „perceived sustainability“.
What will change in concrete terms?
1. strict requirements for green claims„
In future, environmental advertising must be fully documented. As soon as a product is advertised with green claims as „environmentally friendly“ or „ecological“, the following applies:
- Proof is mandatory: Anyone using general terms must recognize the outstanding environmental performance of the entire product can be proven.
- Mandatory certification for sustainability seals: A seal may only be used if it is: On a independent certification system based or From government agencies was set.
Practical note: It is not only crucial, that there are documents, but whether these meaningful, comprehensible and consistent fit the specific advertising message.
2. certification obligation for seals
A seal may only be used if it:
- On a independent certification system based or
- From government agencies was set.
3. promise for the future
Anyone advertising targets for the future (e.g. „CO₂-free by 2030“) needs a foundation now:
- Implementation plan: A detailed, realistic and publicly verifiable plan must be available
- Transparency: Progress must be traceable - for consumers and, where applicable, authorities
Your contact person:
Lawyer
Specialist lawyer for intellectual property rights
Phone: +49 30 36 41 41 90
E-Mail: kontakt@abd-partner.de
More articles from
Dr. Norman Dauskardt:
Relevance under competition law: From § 5 UWG to the „black list“
In practice, attacks against greenwashing have so far mainly been based on § 5 UWG (misleading commercial acts). For this purpose, it must be proven whether an advertising statement - the Green Claim - Deceiving consumers. Until now, there have already been considerable transparency obligations - primarily characterized by the BGH case law on the term „climate neutral“.
The innovation: In future, certain greenwashing practices will be included in the „Blacklist“ (Appendix to Section 3 (3) UWG).
- Consequence: Violations apply automatically as unfair - proof of deception in individual cases is no longer required.
- Risk: The burden of proof and defense shifts to the companies. Warnings by competitors and associations will become much easier.
Deadline 27.09.2026: Short time window for adjustments
Companies should use the remaining time window to set up claims, seals and marketing materials in a legally compliant manner. Particularly relevant:
- No extended sales deadlines: Products that are on the market after the deadline and do not meet the requirements can be warned regardless of when they were produced or packaged.
- Existing materials also affected: Packaging, online listings, brochures, social media assets and campaigns should be checked in good time.
Check now before warnings become easier
The Anti-Greenwashing Act 2026 significantly increases the requirements for sustainability communication. If you want to continue to advertise environmental benefits, you should use claims, seals and promises for the future. Check at an early stage and reliable documentation - especially with regard to the reporting date 27.09.2026.
Support from our law firm
Would you like to have your current environmental claims legally reviewed or set up a „greenwashing-proof“ marketing strategy? We support you in competition law:
- Testing and risk assessment of your claims & seals
- Customization of texts, packaging, online listings and campaigns
- Design of practical approval and documentation processes
- Assistance in the event of warnings/demands to cease and desist
Arrange a consultation now - so that your sustainability communication remains legally compliant from fall 2026.
FAQ: Frequently asked questions about the Anti-Greenwashing Act
What is „greenwashing“ in the sense of the new rules?
- Greenwashing is any misleading business practice in which a company makes unfounded or unsubstantiated claims about the environmental benefits of a product or service.
What are the consequences of violations?
- The focus is on competition law claims: warning letters with costs, Injunctions and, depending on the constellation, other claims (e.g. by competitors/associations). In practice, the Warning risk clearly.
Do existing advertising materials have to be destroyed?
- Materials and packaging that do not comply with the requirements should be 27.09.2026 can no longer be used. Timely testing and adjustment is crucial.
Does this only apply to large companies?
- No. In principle, all companies that advertise environmental benefits to consumers are affected - regardless of size or sector.