Austria - Sustainability claims and greenwashing
- Austrian Consumer Association conducts “greenwashing check” campaign to clamp down on unsubstantiated and misleading green claims
- Implementation of EmpCo Directive: Transitional Period for Civil Claims Relating to Goods
- Greenwashing-prevention as supervisory priority of the Austrian Financial Market Authority
What are the top three developments in Austria concerning green claims and the associated risk of greenwashing?
Austrian consumers are willing to spend more on environmentally friendly products and services. For example, in a study conducted in 2019, one-third of Austrians surveyed showed themselves willing to pay a higher price for environmentally friendly packaging. Correspondingly, many companies have switched to advertising the environmental friendliness of their products and services rather than focusing on price or quality. While so-called green claims are becoming more and more popular, accusations of greenwashing are likewise increasing.
We have identified the three most important trends to watch out for when making green claims that are addressed to Austrian consumers.
1. Austrian Consumer Association conducts “greenwashing check” campaign to clamp down on unsubstantiated and misleading green claims
The Austrian Association for Consumer Information (“VKI”) runs a campaign focusing on green claims that includes a so-called “greenwashing check”, allowing consumers to report green claims they consider misleading. The VKI evaluates these reports (as well as problematic claims it has itself identified) and asks the advertiser for their comments. If the check shows that the advertisement is considered to be greenwashing, the result is published on the VKI website.
For example, the VKI has repeatedly criticised advertisers for their inability to substantiate the claimed environmental advantages of products or services, or for misleading consumers with vague or inaccurate statements about the asserted environmental friendliness of a product. In a recent case, the VKI assessed claims such as "good for the climate" made by a food corporation in connection with organic products. It found that the vague nature of such slogans is particularly problematic. Even if organic products were better for the climate than conventional ones, it cannot be concluded that they are inherently good for the climate. In another case, it challenged supermarket retailer's advertising for presenting legally required deposit-return and reusable-packaging measures as if they were voluntary sustainability initiatives. It concluded that the campaign could mislead consumers by creating the impression of an environmental commitment that primarily resulted from compliance with statutory obligations rather than the retailer's own initiative.
The VKI’s greenwashing campaign is very effective and has been noted by several other associations as well as in the media. An adverse ruling can therefore result in considerable reputational damage for the company concerned. In addition, associations such as the VKI are entitled to take legal action against companies that use green claims that violate Austrian law.
2. Implementation of EmpCo Directive: Transitional Period for Civil Claims Relating to Goods
Austria transposes the EmpCo Directive through amendments to its Unfair Competition Act (UWG), effective September 27, 2026. While the amendments are almost identical to the text of the EmpCo Directive, they diverge by additionally providing a domestic transitional provision with no equivalent at EU level.
Under this transitional rule, civil claims based on the new goods-related provisions may, for a period of three years, only be asserted in respect of goods placed on the market after September 27, 2026. However, this transitional relief does not extend to actions by administrative authorities.
A key question is what constitutes "placing on the market" for the purposes of the transitional provision. The term refers to the first time an already manufactured product is made available to another economic operator within the internal market. Notably, the European Commission's Blue Guide takes a broad view, encompassing "all economic operators in the supply chain". This suggests that even the supply of goods to legally independent subsidiaries within a manufacturer's distribution chain may trigger a new placing on the market.
3. Greenwashing-prevention as supervisory priority of the Austrian Financial Market Authority
The Austrian Financial Market Authority (FMA) publishes an annual report titled "Facts, Trends & Strategies" to keep market participants and stakeholders informed of current developments in the financial market. Combating greenwashing and promoting transparency for sustainable financial products remains a key supervisory priority of the FMA in 2026. The FMA places particular emphasis on adequate disclosure of sustainability-related information in order to channel capital into sustainable projects and strengthen confidence in the market for sustainable investments. Financial reporting enforcement supports this objective through targeted reviews of issuers' sustainability reports. New regulatory requirements are continuously integrated into the supervisory process and form the basis for concrete measures.
In the financial sector, greenwashing may – in addition to civil liability risks – constitute a regulatory breach of the specific disclosure obligations under the Sustainable Finance Disclosure Regulation (2019/2088) and the Taxonomy Regulation (2020/852) or a violation of the principle that information provided to investors must at all times be fair, clear and not misleading.
To assist supervised entities in managing greenwashing risks, the FMA has published dedicated guidance materials, notably its Guide on Managing Sustainability Risks (Leitfaden zum Umgang mit Nachhaltigkeitsrisiken; last updated in 2025).
