Is advertising with climate neutrality permissible?

Advertising that 'all products are produced climate-neutrally' is not misleading if the advertising is directed at professional circles. The Regional Court (LG) Kleve thus decided and extends the case law on the extremely relevant topic of advertising with climate neutrality.

A food manufacturer advertised its sweets in a food trade journal with the statement that all products would be produced climate-neutrally. There was no express reference to the fact that climate neutrality is achieved through compensatory measures. Only a link to a company was provided, through which climate protection projects can be supported. A competition association took action against this advertising for anti-competitive misleading advertising.

Climate neutrality – no misleading advertising, but only for professional circles

The LG Kleve (Judgment of 22.06.2022 – Az. 8 O 44/21) denies misleading advertising.

An advertisement is misleading if it contains false statements or other statements capable of deceiving concerning essential characteristics of the goods. This also includes the manufacturing process. The assessment of misleading advertising is made solely from the perspective of the target audience.

The manufacturing process of the sweets is not itself climate-neutral because climate neutrality is achieved through compensatory measures. However, the advertising statement 'all products are produced climate-neutrally' is nonetheless not misleading. Climate-neutral is not synonymous with emission-free. Climate neutrality can also be achieved through compensation, whereas emission-free requires an entirely emission-free manufacturing process.

The climate neutrality of a product has in the meantime become a significant factor for consumers in purchasing decisions. Therefore, the specialist audience in the food sector is constantly confronted with climate neutrality, as well as the achievement thereof through compensation, in their professional everyday work. The difference between 'climate-neutral' and 'emission-free' is therefore known to the specialist audience addressed by the advertising, according to the court. Towards the specialist audience, no clarifying reference is therefore required to the effect that the climate neutrality of the products is achieved through compensatory measures.

According to the court's view, misleading advertising by omission is also ruled out because a link to a company was provided, through which climate protection projects can be supported.

Conclusion

The judgment illustrates the importance of the target audience of an advertisement. Advertisers must continue to observe for their consumer advertising that advertising with climate neutrality is only permissible if the production process is emission-free or if reference is made to the fact that climate neutrality is achieved through compensatory measures.

Towards well-informed specialist circles, it is – according to the approval-requiring decision of the LG Kleve – sufficient if further information about a product is available on the Internet without further explanation of the connection.