The encyclopedia · Advertising & PR · Marketing decision · 2024
Katjes' 'climate neutral' fruit gums — a court said the claim needs explaining
Katjes called fruit gums 'climate neutral' without saying the neutrality came from offsetting, not cutting emissions — Germany's top court ruled it deceptive.
Katjes Fassin GmbH & Co. KG · 2024-06-27
What happened
In 2021 Katjes advertised its fruit gums in a food-industry trade magazine with the claim 'Since 2021, Katjes has been producing all products in a climate-neutral manner'.
The production was not in fact climate-neutral: Katjes offset its emissions by financing climate-protection projects through partner ClimatePartner. The Frankfurt-based Central Office for Combating Unfair Competition challenged the claim, and the case reached Germany's Federal Court of Justice.
On 27 June 2024 the BGH ruled the undisclosed claim deceptive under the Unfair Competition Act. The court held that reduction and offsetting are not equivalent ways of achieving climate neutrality — reduction takes priority — so an ambiguous term like 'climate neutral' must be explained in the advertising itself, not in separate material.
The company could keep advertising climate neutrality only if the explanation appeared in the ad. Following the ruling, ClimatePartner said it had already introduced new labels and would no longer offer the 'climate neutral' label.
Why it happened
- 'Climate neutral' sells a product as better for the planet, but offsetting and cutting emissions are not the same thing
- Explaining the claim only in separate material let the ad itself carry a meaning the science did not support
- The ruling turned a vague green slogan into a claim that must be substantiated inside the advertisement
The lesson
A green term is a claim the ad itself must support. 'Climate neutral' on a product that was only offset, not decarbonised, was ruled deceptive — reduction and compensation are not equivalent.
Aftermath
The BGH prohibited Katjes from continuing the 'climate neutral' advertising without explaining the offsetting basis in the ad itself. The ruling became a reference point for greenwashing claims across the EU, and ClimatePartner withdrew its 'climate neutral' label.
Sources
- DW: Germany's top court rules against 'climate neutral' fruit gum ad (27 Jun 2024)
- BGH press release on the 'climate neutral' ruling (I ZR 98/23)
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