Federal Justice Minister Stefanie Hubig (SPD) presented a draft law against misleading environmental advertising on Monday. In future, terms such as „environmentally friendly“ or „climate neutral“ may only be used with reliable evidence. This will also result in specific obligations for manufacturers and retailers of packaging - for example with regard to recycling and material information.
On Monday, Federal Minister of Justice Stefanie Hubig presented a draft bill in Berlin to amend the Unfair Competition Act (UWG). The aim is to protect consumers from misleading environmental promises - for example, when products are advertised as „sustainable“, „climate-neutral“ or „environmentally friendly“ without this being clearly documented.
The draft is part of the implementation of the EU Unfair Trading Practices Directive, which was adopted in spring 2024. Germany must transpose the requirements into national law by 27 March 2026 at the latest.
What is changing for the packaging industry
The planned new regulation will result in clear requirements for manufacturers and retailers of packaging. Environmental claims such as „biodegradable“, „recyclable“, „sustainable“ or „compostable“ should only be permitted if they can be supported by verifiable information.
Visual design elements - such as green colours, leaf symbols or the word „environmentally friendly“ - could also be critically examined in future if they give the impression that a product is more ecological than it actually is. The decisive factor is that these statements are not misleading for the average consumer.
„In future, companies must not only make their statements clear and transparent, but must also be able to provide corresponding evidence on request,“ the explanatory memorandum to the draft states.
Ban on sweeping statements
Advertising messages such as „environmentally friendly“ or „CO₂-neutral“ should only be permitted if they are based on a transparent, verifiable and generally recognised methodology. Companies must be able to provide such evidence on request - for example through life cycle assessments, certifications or studies.
Generalised or vague statements without explanation could be considered anti-competitive in future. According to the draft law, companies that violate the new requirements could face warnings, fines or legal action.
„‚Climate-friendly‘, ‚biodegradable‘ or ‚CO2-neutral‘: such advertising claims sound positive, but it is often unclear what exactly is behind them. We want to change that: In future, advertising with environmental claims should require that the claim can be substantiated. This is in the interests of consumers - and in the interests of all companies whose products are genuinely environmentally friendly. Environmental claims must not degenerate into meaningless empty phrases. We ensure that consumers can make informed purchasing decisions and that competition with environmental claims is fair.“
Federal Minister of Justice and Consumer Protection Dr. Stefanie Hubig
To be implemented in the first half of 2026
The draft law implements an EU directive from the so-called „New Deal for Consumers“. The regulation will create minimum standards against greenwashing across Europe. According to the ministry, the law is planned to be passed in 2025 to ensure it comes into force by 2026 at the latest.
The law should also allow for sanctions: Anyone who violates the rules in future must expect warnings, injunctions or fines.
New duty of care for advertising claims
For companies in the packaging industry, this means that marketing claims about material properties and environmental impact are becoming more of a focus. In future, statements on recyclability, the use of renewable raw materials or the carbon footprint will have to be backed up with concrete data - for example through life cycle assessments, certificates or scientific studies.
Standardised and Europe-wide recognised labels could also become more important in the future in order to promote uniform comprehensibility and at the same time meet legal requirements.
New need for action for packaging companies
The planned law is likely to lead to adjustments in the packaging industry. Anyone who advertises the environmental properties of their packaging - whether manufacturers, brand owners or retailers - will have to check and document their communication even more carefully in future. Claims relating to biodegradability, compostability, recyclability or climate neutrality are particularly affected.
The deadline for implementing the new regulations is spring 2026 - however, companies should start their preparations early.
The draft law is here in the wording retrieve
