Toys: Greenwashing Risk 2026

The toy industry is particularly vulnerable to warnings due to the high sensitivity around child safety and the increasing demand for sustainable products. Marketing statements such as "free from harmful substances", "environmentally friendly" or "sustainable" are closely scrutinised by consumers and critically questioned by competitors and consumer protection organisations. EU Directive 2024/825 (EmpCo) significantly tightens the requirements for transparency and verifiability of environmental claims from 27 September 2026. The use of generic terms without concrete evidence is particularly critical. Thus, the claim "toy made from wood free from harmful substances" without reference to compliance with EN 71 standards and the corresponding test results is inadmissible under Anhang I Nr. 2 UCPD. Similarly, statements such as "environmentally friendly packaging" without information on recyclability or the proportion of recycled materials are misleading. Under Section 5 UWG and the EmpCo Directive (EU 2024/825), the use of terms such as "natural" for added substances can also be misleading. Analogously, statements about "natural materials" in the toy sector must also be critically examined when these are combined with synthetic substances. The BGH judgement I ZR 98/23 (Katjes) underlines the necessity to substantiate CO2 neutrality claims through transparent documentation of calculation methods and offsetting measures. The EmpCo Directive will tighten these requirements even further from 2026. It is therefore essential for toy manufacturers and retailers to adapt their marketing communications in good time and to rely on verifiable facts and recognised certifications.