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Horticulture & Flowers: Greenwashing Risk 2026

The horticulture and flower trade are particularly vulnerable to warnings, as consumers increasingly value sustainability and environmental friendliness. At the same time, the products are often complex in their production and supply chain, which offers scope for greenwashing practices. EU Directive 2024/825 (EmpCo) tightens the requirements for transparency and verifiability of environmental claims from 27 September 2026. Claims such as 'organic', 'pesticide-free' or 'sustainable' are particularly critical, as they can be classified as misleading without appropriate certifications or concrete evidence. The BGH judgment (I ZR 98/23) in the Katjes case has shown that the use of terms such as 'climate-neutral' without detailed disclosure of the calculation method and offsetting measures can also have legal consequences. This applies analogously to claims about the carbon footprint of plants and flowers. The EmpCo Directive prohibits generic claims without recognised evidence pursuant to Annex I No. 2 UCPD. This means that horticultural businesses and flower traders must fundamentally rethink their marketing communications and focus on transparent, comprehensible and certified information. Clear labelling with quality marks such as EU organic, Demeter or Naturland is essential to avoid warnings and win consumer trust. Documentation of cultivation methods, the supply chain and the use of plant protection products is also of great importance.

Typical claims in Horticulture & Flowers

  • organic plants"
  • pesticide-free"
  • sustainably grown"
  • environmentally friendly production"
  • bee-friendly"

Concrete examples (red/amber)

  • 'Grown without pesticides' without independent residue analysis and evidence
  • 'Organic plants' without valid EU organic certificate and control body number
  • 'Sustainable orchids' without information on water use, fertilisation or transport

EmpCo-compliant alternatives

Instead of: Grown without pesticides"
Better: Cultivation without the use of chemical-synthetic plant protection products in accordance with EU organic standard (DE-ÖKO-XXX)"
Why: Generic claim replaced by specific reference to the EU organic standard and its criteria.
Instead of: Sustainably grown"
Better: Reduced water consumption by 20% through drip irrigation, use of compost instead of mineral fertiliser, documented CO2 reduction of 15% compared to conventional cultivation (base year 2020)"
Why: 'Sustainable' is a generic claim without evidence. Specific measures and measurable results are required.

Recommendations

  • State valid EU organic certificate (DE-ÖKO-XXX) with control body number.
  • When using plant protection products: document type, quantity and timing of application transparently.
  • Make supply chain traceable (origin, growing conditions, transport routes).
  • Use and highlight certifications such as Naturland or Demeter in addition to the EU organic logo.

Recognised certificates

EU organic (DE-ÖKO-XXX)
EU-wide uniform organic labelling with mandatory control body number.
Demeter
Biodynamic cultivation according to Demeter guidelines, stricter criteria than EU organic.
Naturland
German association for organic agriculture, focus on regional cycles and social standards.

Relevant court rulings

BGH · I ZR 98/23 · 2024
Katjes — 'climate-neutral' without disclosure of calculation method and offsetting measures misleading pursuant to § 5 UWG. Analogously applicable to claims about the carbon footprint in horticulture.

Frequently asked questions

May I advertise plants as 'bee-friendly'?

Yes, but only if you can prove that the plants provide nectar and pollen in sufficient quantity and quality and that no plant protection products harmful to bees are used.

What does the EmpCo Directive mean for the sale of organic plants?

From 27.09.2026, the use of the term 'organic' without a valid EU organic certificate and control body number is inadmissible and constitutes a misleading commercial practice (§ 5 UWG).

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