BGH Katjes Ruling 2024: Is Climate Neutral Still Allowed?

The Ruling in Brief The Bundesgerichtshof (BGH, German Federal Court of Justice) ruled on 27 June 2024 (case no. I ZR 98/23): If a company advertises with "climate neutral" on product packaging, it must be clearly recognisable whether climate neutrality is achieved through reduction or compensation.

Facts of the Case Katjes advertised its fruit gum products with a "climate neutral" logo. In reality, this climate neutrality was achieved exclusively through CO₂ compensation (investments in climate protection projects) — the production itself was not emission-neutral.

The Central Question Is a blanket "climate neutral" advertising claim without further explanation misleading?

The Ruling The BGH answered in the affirmative: consumers understand "climate neutral" ambiguously — either as reduction at the product level or as compensation. Anyone advertising with the term must clarify which variant is meant. Otherwise, it constitutes misleading advertising under § 5 UWG.

Significance for 2026 The ruling is groundbreaking for the EmpCo implementation: - Blanket "climate neutral" statements without explanation are already misleading - From 27 September 2026 onwards, this becomes a per-se prohibition (regardless of whether it is explained or not) - EmpCo thus goes beyond the BGH: even transparent carbon offsetting advertising is prohibited

What You Must Do Now 1. Remove all "climate neutral" claims from your website — not merely explain them 2. Also adapt packaging and advertising materials 3. Instead, communicate concrete reduction (Scope 1+2, base year, methodology)

Related Rulings - LG Düsseldorf (TotalEnergies, climate-neutral natural gas) — advertising prohibited - OLG Stuttgart (dm "environmentally neutral") — advertising prohibited - LG Frankfurt (Lufthansa CO₂ compensation) — DUH lawsuit