Distortions of competition
Competition headquarters objected to advertising with climate neutrality
“Climate-neutral premium heating oil” – that is the promise of a provider. Is it a distortion of competition? Photo: Christian Charisius / dpa
© dpa-infocom GmbH
Companies discover climate neutrality as an advertising argument. But the statements do not always keep what they promise, as the competition headquarters found.
“Climate-neutral premium heating oil” or a “climate-neutral” manufacturer of garbage bags: Advertising with the promise of climate neutrality is increasingly occupying the competition headquarters.
A total of twelve complaints about misleading or non-transparent advertising have been received by the organization, which is supported by business and associations, so far this year. “Climate neutrality is currently the topic and has become an important advertising argument,” reported Tudor Vlah from the competition headquarters in Bad Homburg.
In seven cases, the companies failed to issue a cease and desist declaration, so the proceedings ended up in court. Two of these have so far been decided in the first instance, but are not yet legally binding.
Distortions of competition
From the point of view of the Bad Homburg organization, competition is distorted when companies that continue to operate conventionally and only buy CO2 certificates advertise with “climate neutral” without detailed information. Other companies that would also advertise with the term would have reduced their own CO emissions at great expense. “Therefore, when advertising with” climate-neutral “, it must be informed that compensation is taking place and the proportion of its own measures to reduce CO behind it,” said Vlah. This is important information for consumers.
In one case, a provider advertised “climate-neutral premium heating oil”. The District Court of Konstanz upheld the competition headquarters’ injunction. The court ruled that the company had to provide more detailed information on how climate neutrality was achieved. Advertising with the term “climate-neutral” is subject to strict requirements and extensive disclosure obligations because of the special emotional advertising power of environmentally-related statements, the complex scientific contexts and the generally only low level of factual knowledge of the public, according to the rationale (judgment of November 19, 2021, Az 7 O 6 / 21 KfH).
In another case, the Kiel Regional Court found that advertising with the term “climate neutral” on garbage bags was misleading and withheld essential information from the consumer. The imprint above the company name gives the wrong impression that the entire company is climate neutral. In fact, only certain products would be placed accordingly. (Judgment of July 2nd, 2021, Az. 14 HKO 99/20). The company appealed to the Schleswig Higher Regional Court.