Cease-and-Desist for Greenwashing: Risks and Enforcement in Germany

With the EmpCo Directive (EU) 2024/825, misleading environmental advertising comes into sharper focus. In Germany, the central enforcement instrument for unfair advertising has long been the Act against Unfair Competition (UWG). Through the Third UWG Amendment Act (BGBl. 2026 I No. 43), the EmpCo requirements are incorporated into this system and apply from 27 September 2026.

Note on scope: This article describes the legal situation in Germany. Because the EmpCo Directive is a directive, member states shape competences, penalties and enforcement differently. For advertising in other EU countries, their national rules apply.

What is a cease-and-desist notice?

In German unfair-competition law, a cease-and-desist notice (Abmahnung) is an out-of-court instrument by which an entitled party objects to an infringement and demands that it stop. The aim is to settle a dispute without a court. In practice, the party is often asked to submit a penalty-backed cease-and-desist declaration – that is, to commit bindingly to refraining from the challenged conduct in future, failing which a contractual penalty becomes due.

Who can act against greenwashing?

Under the UWG, those potentially entitled include in particular:

• competitors affected by the challenged advertising;
• qualified trade associations subject to the statutory requirements;
• qualified consumer associations listed in the relevant registers.

The precise standing to sue or to issue a notice depends on the statutory requirements. Not just any party can validly act; the conditions should be checked in the individual case.

What role does the EmpCo Directive play?

The EmpCo requirements specify which environmental claims count as misleading or impermissible – for instance blanket environmental terms without evidence, offsetting-based climate-neutrality claims or labels without a recognised basis. Breaches of these standards can be enforced through the UWG. This broadens the range of potentially challengeable claims and raises the risk for unsubstantiated environmental advertising.

How high is the risk?

The risk cannot be quantified in the abstract; it depends on the visibility, reach and substance of the claim. Particularly exposed are highly visible claims on home pages, packaging and in campaigns, as well as statements suggesting outstanding environmental performance. Concrete, substantiated statements are far less challengeable than blanket assertions.

What consequences can an infringement have?

The possible consequences go beyond the cease-and-desist notice. In particular, the following may come into play:

• Cessation. The entitled party can demand that the challenged claim be discontinued in future.
• Contractual penalty. If a penalty-backed cease-and-desist declaration was submitted and later breached again, a contractual penalty may become due.
• Reimbursement of costs. The costs of a justified notice are to be reimbursed under the statutory conditions.
• Court proceedings. If a notice is ignored, the route via an interim injunction or a lawsuit may follow.

In addition, member states provide for administrative enforcement and sanction options as part of implementation. Their concrete design – such as competences and fine ranges – follows from the respective national law and should be checked in the individual case.

Which claims are typically challengeable?

Experience shows that the following are particularly exposed:

• blanket environmental terms without evidence ("eco-friendly", "sustainable");
• offsetting-based climate-neutrality claims;
• labels without a recognised, independent basis;
• comparisons without disclosed methodology.

Concrete, substantiated statements, by contrast, are far less challengeable. Those who specifically review these risk areas significantly reduce the likelihood of a cease-and-desist notice.

How do you respond to a cease-and-desist notice?

Key ground rules:

1. Take deadlines seriously. Notices usually contain short deadlines. Inaction can lead to court proceedings.
2. Do not sign hastily. A penalty-backed cease-and-desist declaration is binding long-term and can trigger contractual penalties. Its content should be examined carefully.
3. Obtain legal advice. A legal review helps assess whether the notice is justified and what response would be appropriate.
4. Document. Keep the challenged advertising and all evidence.

How do you reduce the risk preventively?

The most effective protection is robust communication: concrete rather than blanket statements, documented evidence and a critical review of labels and neutrality claims. A systematic stocktake of all environmental claims before 27 September 2026 helps to identify and remedy risks early.

Conclusion

In Germany, greenwashing can be challenged through the UWG, and the EmpCo requirements sharpen the standards. Those who advertise environmental benefits without evidence take on an increased risk. Because enforcement is regulated differently across the EU, this account applies only to Germany; for cross-border advertising and in a concrete dispute, an individual legal review is warranted.