Prohibition by the Higher Regional Court (OLG) Cologne – The use of "apple leather" as a product designation for vegan dog accessories is misleading because "apple leather" is not leather.

Misleading greenwashing with "apple leather": a tightrope walk in competition law in online retail

Vegan materials, sustainability and innovation – in an age of environmentally conscious consumption, many companies use creative terminology to market their products attractively. But where does marketing end and where does competition law infringement begin? This question lies at the heart of a current and groundbreaking decision by the Higher Regional Court (OLG) Cologne(Judgment of 04.07.2025 – 6 U 51/25), which dealt with the designation "apple leather" for dog collars.

The judges made it clear: whoever distributes a product made of plastic must not advertise it as "apple leather" if this creates the impression in the consumer's mind that it is – even in part – genuine leather. The judgment sheds light on the limits of creative advertising language and is of great significance for providers of (purportedly) sustainable products.

The legal background: misleading commercial practices under § 5 UWG

Under § 5 Abs. 1 and Abs. 2 UWG, a person acts unfairly if they engage in misleading commercial conduct, in particular if false or misleading statements are made about essential characteristics of the goods – such as material composition. In this regard, it is not the subjective intention of the advertiser that matters, but rather the objective perception of the average informed, reasonably attentive consumer in the relevant situation.

Advertising with materials combined with the term "leather" (e.g. "textile leather", "imitation leather", "rhubarb leather") is also frequently the focus of court proceedings. What is decisive is always whether the relevant public can be misled as to the composition, quality or origin of the advertised goods.

The case before the Higher Regional Court (OLG) Cologne: dog collars made of PVC and apple pomace

The respondent – a well-known provider of dog accessories – sold on its website under the prominently highlighted designation"apple leather" dog collars and leashes. However, these were manufactured entirely from plastic, merely with the addition of apple pomace from fruit juice production. Only in an expandable section of the product description was it mentioned that this is a vegan material.

An industry association of the leather-processing industry sent a cease-and-desist notice against the advertising as misleading and ultimately applied for a preliminary injunction. While the Regional Court (LG) Cologne rejected the application in the first instance, the Higher Regional Court (OLG) Cologne fully upheld the association's appeal.

The legal assessment: Why "apple leather" deceives consumers

1. Consumer expectations regarding the term "leather"

According to established case law, the term"leather" in general usage is understood to mean a natural product of animal origin – regardless of whether it is tanned, dyed or further processed. Compound terms such as "suede", "nappa leather" or "split leather" also continue to suggest a natural animal-based material.

The designation "apple leather" thus suggests, in the court's view, that leather – possibly with a plant-based additive – has been processed. The addition of "apple" is not understood as an indication of a leather-free alternative, but rather as a descriptive designation of a special type of leather.

2. No clarification at eye level – hidden notices are insufficient

The Higher Regional Court (OLG) Cologne expressly found that a hidden notice regarding the vegan composition in the "Product description" section is not suitable to eliminate the misleading effect of the eye-catching term "apple leather". The term was used without explanatory addition on the product overview and product detail pages.

Effective clarification would have – according to the court – had to occur at eye level. Whoever relies on striking terms such as "apple leather" must also disclose at the same level that it is not animal leather. A correction "in small print" is not sufficient.

3. Commercial relevance of the misleading information

The designation "apple leather" is capable of inducing consumers to make a commercial decision that they would otherwise not have made. The judges emphasise that it is sufficient if the consumer – on the basis of the misconception – takes a closer look at the product or places it in their shopping cart. An actual purchase is not required.

The appearance (e.g. blue colour of the collar) or fanciful designations such as "Hexa" also did not change the misleading effect – especially since the black clasp had a classic leather appearance.

4. Misleading despite industry practice

Even if terms such as "apple leather" are now circulating on the market, this does not protect the user from a misleading assessment. The judges expressly rejected the respondent's reference to Google results or industry articles. What matters is solely how a relevant portion of consumers understands the term.

Conclusion and recommendations for action: avoiding misleading information through clear communication – where it says leather, leather must be inside!

The judgment of the Higher Regional Court (OLG) Cologne provides clarity for providers of vegan, sustainable or innovative materials:Whoever advertises with the term "leather" must also deliver leather – or clearly state that it is a leather-free imitation.

Our recommendations for action:

• Avoid misleading terms such as "apple leather", "fruit leather" or "vegan leather", if it is not immediately explained that no genuine leather is contained.
• Always combine striking terms with a clear, unambiguous notice at eye level, e.g. "vegan leather imitation made from apple pomace".
• Regularly review your advertising texts and product designations for potential to mislead, in particular for materials that visually or terminologically resemble classic natural materials.

You distribute vegan or sustainable products? We review your advertising for legal compliance!

AVANTCORE Lawyers in Stuttgart specialises incompetition law and advises manufacturers, retailers and start-ups in the legally compliant design ofproduct advertising. Whetheronline shop, packaging text orsocial media campaigns – we help you avoid misleading risks andcease-and-desist notices.