Fashion & Textiles: Greenwashing Risk 2026
The fashion industry is particularly in the crosshairs following EmpCo: H&M, Decathlon and Zalando were repeatedly reprimanded for greenwashing between 2022-2024. The Dutch Consumer Protection Authority ACM completely banned H&M's "Conscious Choice" collection in 2023 — a model for consumer protection authorities in DE/AT/CH. From 27 September 2026, all generic environmental claims without concrete, measurable proof are considered misleading under § 5 UWG as amended — regardless of whether on product labels, in online shops or in advertising.
Typical claims in Fashion & Textiles
- „sustainable collection"
- „eco fashion"
- „environmentally friendly materials"
- „fairly produced"
- „conscious"
- „green line"
- „recycled fibres"
- „climate-neutral T-shirt"
- „low-water dyeing"
- „circular fashion"
Concrete examples (red/amber)
- 'Sustainable Collection' (H&M) without GOTS certificate — reprimanded by the Dutch ACM in 2022
- 'Eco-friendly T-shirt' with 20% recycled polyester (remainder virgin) without percentage disclosure
- 'Conscious' — generic term without measurable criterion
- 'Climate-neutral shirt' through planting instead of own emission reduction
- 'Made in Europe' for garments made in Bangladesh with final finishing in Portugal
EmpCo-compliant alternatives
Recommendations
- GOTS certificate with licence number (CU XXXXXX) and proportion of certified cotton
- OEKO-TEX Standard 100 with test number and class (I-IV)
- Material composition with percentages (e.g. '60% organic cotton, 40% recycled polyester')
- Production locations (country, city, factory name) in footer or on product page
- Fair Wear Foundation or Fairtrade Cotton instead of generic claims
Recognised certificates
Frequently asked questions
May I advertise 'recycled' on a T-shirt?
Only with percentage disclosure and source information. Example: '65% recycled polyester (GRS-certified)' is permitted, 'made from recycled material' alone is not. The EU Ecolabel requires at least 80% recycled material to advertise as 'recycled'.
Is 'Made in Europe' a greenwashing claim?
Not per se, but misleading if only the final assembly takes place in Europe. According to Art. 60 UZK: Made-in country = last substantial processing or working. In fashion this is often abused — e.g. fabric from Bangladesh, sewing in Portugal = legally 'Made in EU', but misleading.
What does 'circular fashion' mean legally?
Legally, 'circular' is not defined — therefore prohibited without substantiation (EmpCo Annex I No. 4). Anyone wishing to use the term must provide measurable circularity indicators: % recycled material, take-back programme, repair service, life cycle analysis (LCA).
Is a single organic cotton shirt in the collection sufficient for 'sustainable collection'?
No — and that was the core of the ACM proceedings against H&M (2023). If the collection is advertised as 'sustainable', the minimum standards must apply to all items in the collection, not just to individual hero pieces.
How high are the warning costs in the fashion industry?
On average €2,500-8,000 per violation, considerably more for repeat offences. ACM fine against H&M (NL): €250,000. The Wettbewerbszentrale issued over 80 warnings for greenwashing in the fashion industry in 2024.