On 6 July 2023, the Higher Regional Court Düsseldorf (OLG Düsseldorf) ruled in two cases – one case concerning a fruit gum manufacturer and the other a jam manufacturer – that advertising “climate neutrality” is not per se misleading advertising.
It confirmed the previous decision by the OLG Schleswig (see our news of June 2022) that the average consumer understands climate neutrality in the sense of a balance of the CO2 emissions of a product and it is clear that this can be achieved by emission reducing as well as compensation measures. However, the advertiser has a certain duty to duly inform the consumer and the court ruled that the way in which climate neutrality is achieved constitutes essential information for the consumer to make an informed purchase decision. In the rulings the court emphasized the importance of climate protection for consumers and the considerable influence such claims can have on the purchase decision. The court ruled that the reference to further information on how the climate neutrality is achieved was missing with respect to the case of the jam manufacturer whereas a QR code/link to a website with further information was deemed sufficient in the case of the fruit gum manufacturer.
Both appeal decisions are not legally binding as the court allowed an appeal to the Federal Supreme Court (BGH) due to the fundamental importance of the issues in dispute.
