Packaging & Shipping: Greenwashing Risk 2026
The packaging and shipping sector is a focal point of the EmpCo Directive and the associated risks of warnings. Consumers are increasingly attentive to sustainability, and companies making misleading environmental claims risk severe penalties. The BGH case law (I ZR 98/23) has made clear that even vague claims such as "environmentally friendly" without concrete evidence are inadmissible. The EmpCo Directive tightens these requirements from 27 September 2026. Generic claims such as "100% recyclable" or "plastic-free" are inadmissible without evidence of an actual recycling rate or detailed material specifications (Annex I No. 2 UCPD). Companies must transparently disclose which materials their packaging consists of, what the proportion of recycled material is, and what disposal options exist. Particularly critical is the use of terms that create a false or exaggerated perception of environmental friendliness. For example, the claim "compostable" is only permissible if the packaging demonstrably complies with standards EN 13432 or EN 17427. Companies that do not meet these requirements risk warnings and claims for damages. Proactive adaptation of marketing communications and the implementation of transparent supply chains are therefore essential to minimise legal risks and win consumer trust.
Typical claims in Packaging & Shipping
- „100% recyclable"
- „plastic-free"
- „compostable"
- „environmentally friendly packaging"
- „made from recycled material"
Concrete examples (red/amber)
- '100% recyclable' without stating the actual recycling rate or the infrastructure that enables recycling.
- 'Compostable packaging' without certification according to EN 13432 or EN 17427, which calls into question the actual compostability.
- 'Environmentally friendly packaging' without concrete details about material origin, production processes or disposal routes.
EmpCo-compliant alternatives
Recommendations
- Transparent disclosure of the actual recycling rate according to BVSE statistics (Bundesverband Sekundärrohstoffe und Recycling e.V.).
- Provide and clearly mark certification according to EN 13432 (compostability) or EN 17427 (industrial compostability).
- State detailed material composition in percentages to avoid greenwashing through misleading material designations.
- Use of Cradle to Cradle Certified materials to demonstrate circularity.
- Disclosure of the supply chain and production conditions to document the ecological and social impacts of the packaging.
Recognised certificates
Relevant court rulings
Frequently asked questions
May I continue to advertise with 'recyclable'?
Yes, but only if you can prove the actual recycling rate and the infrastructure for recycling exists. Otherwise it is misleading pursuant to § 5 UWG.
What does the EmpCo Directive mean for my packaging claims?
From 27.09.2026, the EmpCo Directive prohibits generic claims without recognised evidence (Annex I No. 2 UCPD). Concrete details, certificates and transparent supply chains are essential.