In the future, stricter regulations will apply to advertising with claims such as “environmentally friendly,” “climate-neutral,” and “biodegradable.” On Wednesday, the German federal government approved a draft law according to which general environmental claims about a product, such as “sustainable” or “environmentally friendly,” will only be permitted if they can be substantiated. If the claims refer to only one aspect of the product, manufacturers may not apply them to the entire product.
“Too often, advertising statements like ‘environmentally friendly’ are unclear about what exactly is meant, and whether the claim is true,” explained Consumer Protection Minister Stefanie Hubig (SPD). This is intended to change. The draft law implements the requirements of a corresponding EU directive. The Federation of German Consumer Organisation stated that the planned regulation is “an important milestone to prevent greenwashing.”
Accordingly, for forward-looking advertising claims such as “by 2030 all our packaging will be fully recyclable,” a realistic, publicly accessible implementation plan must now be attached, the Federal Ministry of Consumer Protection explained. Advertising with the label “climate-neutral” will not be permitted if climate neutrality is achieved through the purchase of CO₂ certificates. Sustainability labels highlighting ecological or social product features must henceforth either be set by the state or based on an externally verified certification system.
Furthermore, a ban on advertising for products with intentionally shortened lifespans is planned. This ban will apply whenever such a practice is known, not only for the manufacturer but also for retailers. This would affect, for example, sellers of electronic devices “who know that the manufacturer intentionally installed low-quality components so that consumers have to replace the device more frequently,” the ministry explained.
According to the draft law, stricter rules will also apply to online default design patterns in financial service contracts. Specifically, when multiple options are available, one may not be highlighted, for example, with an enlarged “accept” button. Additionally, “a decision that is advantageous for consumers” may not be made more difficult in any other way.
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