Greenwashing

and

Bluewashing.

Greenwashing and bluewashing are attempts by companies to present themselves as greener, more sustainable and more socially responsible than they actually are. We advise companies to avoid accusations of greenwashing and to take action against others who engage in unfair greenwashing.

For a better world

Consumers are increasingly looking for products and services that are climate-friendly, have a lower environmental impact, are produced sustainably and in compliance with social standards, and also take ethical and moral aspects into account.

Companies are aware of this need and often use it as a marketing strategy to promote their products and services as sustainable, environmentally friendly and socially responsible. In doing so, they try to gain a competitive advantage on the market.

Unfortunately, however, the full-bodied sustainability, social, environmental and climate promises often do not deliver what they promise. This is referred to as greenwashing or bluewashing.

What is greenwashing?

Greenwashing refers to a marketing and PR strategy in which companies or organizations present themselves, their products or services as particularly environmentally friendly or sustainable without actually taking substantial measures to protect the environment and the climate or the measures fall short of the announcements. This is done, for example, by using terms such as sustainable, recyclable, CO2-neutral, climate-neutral, environmentally friendly or other environmental terms without backing up these claims with actual practices or standards.

Greenwashing refers to advertising claims that are intended to give consumers the impression that products, services or companies are more environmentally friendly or less harmful to the environment, even though this is not true or cannot be proven.

Examples of greenwashing

Misleading advertising claims: Claims that products or services are environmentally friendly, climate-neutral, sustainable or ecological without these claims being supported by verifiable facts.
Use of symbols and images: Symbols and images are deliberately used to suggest an environmentally conscious image, which does not correspond to the facts.
Emphasizing individual measures: A company promotes an environmentally friendly initiative or sustainable product while the overall strategy remains environmentally harmful

What is bluewashing?

Bluewashing is a marketing and advertising strategy comparable to greenwashing. In contrast to greenwashing, however, bluewashing is not primarily concerned with environmental aspects, but with social and ethical responsibility. Companies try to present their products or services as particularly socially, ethically and morally responsible without actually taking substantial measures in these areas. Human rights or sustainability issues are often used for this purpose, particularly in connection with organizations such as the United Nations.

Bluewashing includes advertising claims that are intended to give consumers the impression that products, services or companies are socially and ethically responsible, although this is untrue or cannot be proven.

Examples of BLUEWASHING

Misleading advertising claims: Claims that products or services have been produced or provided in a socially responsible manner, without child labor and with payment of minimum wages, without these claims being true.
Advertising with partnerships: Companies emphasize partnerships with internationally respected organizations (e.g. UN initiatives) to give themselves a positive image without actually implementing the principles of these partnerships.
Ethical sham activities: Companies present selected campaigns or projects as evidence of their social responsibility, while core activities continue to have a negative social or environmental impact.

Competition law and blue and greenwashing

The consequences of blue and greenwashing under competition law arise primarily from the ban on misleading advertising. Statements that give consumers or other market participants false ideas about the environmental friendliness or social responsibility of a company can be misleading if they are untrue, unfounded or not sufficiently verifiable. It often depends on the specific statement in each individual case. Vague or vague formulations such as “climate-neutral” or “sustainable” are particularly problematic.

In contrast, advertising claims with a social and ecological reference are generally legally permissible if they are specific, verifiable and transparent, e.g. by stating measurable criteria or recognized certificates. In some cases, strict requirements and far-reaching information obligations established by law and case law must be observed.

The difference between inadmissible greenwashing or bluewashing and admissible advertising lies primarily in the objectivity and verifiability of the statements. Blanket statements without reference to specific measures are therefore often considered inadmissible, whereas advertising with verifiable progress or certified measures is generally permissible. From a competition law perspective, the decisive factor is whether the targeted public is actually misled by the statement and whether this is likely to influence their purchasing decision.

Our expertise in the field of environmental advertising

Wir beraten seit vielen Jahren Unternehmen in allen rechtlichen Fragen im Zusammenhang mit Greenwashing, Bluewashing und ökologischer Werbung. Im Zusammenhang mit ökologischer Werbung ist Expertise in den Bereichen E-Commerce, Wettbewerbsrecht oder auch Markenrecht gefragt. Mit unserem Team aus hochqualifizierten Rechtsanwälten und Fachanwälten unterstützen wir Unternehmen beim rechtskonformen Einsatz von Ökowerbung oder verfolgen Verstöße von Mitbewerbern durch Blue- und Greenwashing.