Teaser: From 27 September 2026, the ‘blacklist’ in the Annex to Section 3(3) of the Unfair Commercial Practices Act (UWG) will contain six new categories of offences that expressly prohibit typical greenwashing practices: General environmental claims, CO₂ offsetting, sustainability labels, scope, statutory standards and seven prohibitions on planned obsolescence. Anyone who commits one of these offences is automatically acting unfairly, without the need for a case-by-case assessment. We present all the offences, with examples and clarifications.

What is the UWG’s ‘blacklist’?

The ‘blacklist’ under the Unfair Competition Act (UWG) is the annex to Section 3(3) of the UWG. It lists commercial practices that are always prohibited in relation to consumers, regardless of whether or not they have led to misleading information in a specific case. The principle is: ‘always prohibited in all cases’.

Unlike in the case of general misleading practices under Section 5 of the UWG, where it is assessed on a case-by-case basis whether a statement is likely to significantly influence a consumer’s commercial decision, this assessment is not required for offences on the Black List . Anyone who commits such an offence has already lost the case.

The blacklist existed even before 2026, it originally stemmed from the Unfair Commercial Practices Directive (UCPD, 2005/29/EC). Under EU Directive 2024/825 (EmpCo), the list was expanded to include six new categories of offences covering typical greenwashing practices. Implemented by the amendment to the Unfair Commercial Practices Act of 19 February 2026 (Federal Law Gazette 2026 I No. 43).

An overview of the six categories of offences

The EmpCo extension of the ‘blacklist’ comprises six categories, five individual offences (Nos. 2a, 4a, 4b, 4c, 10a) and one category comprising seven prohibitions on planned obsolescence (No. 23d a–g):

Offence 2a: Sustainability labels

Wording (simplified): “Claiming that a product, service, company or a company’s business practices bear a sustainability label that is not based on a third-party certification scheme or has not been established by a government authority for sustainability purposes.”

What is prohibited? In-house, self-created labels without external accreditation. Examples of prohibited wording:

• ‘Verified sustainability pledge’ with the company’s own logo
• ‘Green Choice’ label awarded by the company to itself
• “Eco Verified” label without traceable criteria

What is permitted? Labels based on an ISO 17065-compliant certification system or awarded by a government body. Examples:

• EU Ecolabel under Regulation (EC) No 66/2010
• Blue Angel (RAL gGmbH, commissioned by the state)
• Fairtrade (FLOCERT-certified)
• Global Recycle Standard (GRS)

Exception: Manufacturer, retailer or brand logos are not covered by point 2a, provided they do not convey a sustainability claim. An ‘Apple’ or ‘Nike’ logo is not a sustainability label.

Criterion 4a: General environmental claims

Wording (simplified): “A commercial practice in which a general environmental claim is made to a consumer, where no outstanding environmental performance within the meaning of Article 3(4) has been established.”

What is prohibited? General, unspecified environmental claims without recognised evidence. The blacklist explicitly lists the terms:

• ‘environmentally friendly’
• “ecological”
• “green”
• ‘ecologically compatible’
• “climate-neutral”
• “bio-based”
• “energy-efficient”
• “nature-positive”
• “climate-positive”

What is permitted? Claims that are specified in a prominent manner on the same medium (packaging, website, advertisement), or that refer to a recognised outstanding environmental performance. The following are recognised:

• EU Ecolabel
• National Type I eco-labels (in Germany: Blue Angel)
• Top energy efficiency class A in accordance with Regulation (EU) 2017/1369

Permitted example: “95% post-consumer recycled content, certified to the Global Recycle Standard GR-2024-123456”.

Inadmissible example: “Our packaging is environmentally friendly”, without any further details or a label.

Factual ground 4b: Misleading scope

Wording (simplified): “A commercial practice in which an environmental claim is made that relates to the entire product, the entire company or the company’s entire business practices, even though the claim in reality relates only to a specific aspect of the product or a specific aspect of the business practices.”

What is prohibited? Claims of comprehensiveness that apply only to a part. The reference case from Recital 11 of the EmpCo Directive:

• A trainer is advertised as‘made from recycled material’, but only the packaging is made from recycled material, not the shoe itself

Further examples:

• “Sustainable smartphone”, only the casing is recycled, not the battery, and not the production process
• “Green company”, only a single product line is certified
• “Carbon-neutral delivery”, only the transport is carbon-neutral, not the production of the goods being sent

What is permitted? Statements that clearly specify the limited aspect. Examples:

• “Packaging made from 100% recycled material”
• “The casing is made from 80% recycled aluminium”

Factual basis 4c: CO₂ offsetting

Wording (simplified): “A commercial practice in which an environmental claim is made on the basis that the greenhouse gas emissions of the company or the product have been offset by the offsetting of greenhouse gas emissions, the volume of which results from the offsetting of emissions arising from the productionor use of the product.”

What is prohibited? Product-related offsetting claims, the most common greenwashing practice in recent years. Specifically, statements such as the following are prohibited:

• “climate-neutral”
• “CO₂-neutral”
• “certified CO₂-neutral”
• “climate neutral”
• “climate positive”
• “climate-compensated”
• “net zero”
• “climate-positive”

— provided that these claims are based on the financing of offset projects outside the product value chain (e.g. reforestation in Peru, wind power in India).

What is permitted? Claims based on internal emissions reductions within the value chain, that is, on an actual life-cycle analysis carried out in accordance with a recognised method (ISO 14067, GHG Protocol Product Standard).

Important: Company-specific offsetting claims (“We offset our emissions”) do not fall under No. 4c, but must be assessed on a case-by-case basis in accordance with Section 5(1)/(2) of the Unfair Competition Act (UWG). This does not mean that they are automatically permissible, only that a case-by-case assessment takes place.

Factual element 10a: Statutory standards as a special case

Wording (simplified): “A commercial practice whereby a consumer is informed that the product, in environmental terms, meets the Union-wide level of environmental performance requirements necessary for inclusion in the Union-wide level of environmental performance requirements, even though these requirements are binding across the EU for all products or businesses in this category.”

What is prohibited? The presentation of product characteristics that are already required by law as a special environmental benefit. Classic examples:

• “CFC-free”, CFCs have been banned across the EU since 1995
• “Free from [prohibited substance]”, if the substance is not permitted to be used in the first place
• ‘Lead-free’, for products that are required to be lead-free anyway
• ‘Complies with the EU Ecodesign Regulation’, if the product is required to comply with this anyway

What is permitted? Claims about product characteristics that go beyond the legal standard. Example: “70 per cent lower energy consumption than the EU Ecodesign requirement for Class E”.

Prohibition 23d a–g: Seven prohibitions on planned obsolescence

The prohibitions on planned obsolescence are the latest addition to the Black List. They are aimed at combating planned obsolescence and designs that cannot be repaired. Seven specific provisions:

23d a, Withholding software updates

Prohibited: Withholding essential information about software updates where such updates may impair the functionality of the product or its service life.

23d b, Software updates only for newer models

Prohibited: Presenting the characteristics of software updates in such a way that consumers believe all models are equally affected, even though updates are only available for newer models and older models are deliberately excluded.

23d c, Withholding update information at the time of purchase

Prohibited: Withholding information about key features of software updates, including any adverse effects on functionality, at the time the contract is concluded.

23d d, Misrepresentation of repairability

Prohibited: Misrepresented or false claims of reparability, for example, where a manufacturer states that spare parts are available, but in reality these are only available to a limited extent or the repair involves disproportionate effort.

23d e, Incorrect information on shelf life

Prohibited: False statements regarding the intended or expected service life of a product or the number of usage cycles.

23d f, Failure to disclose restrictions on use

Prohibited: Concealing information about restrictions on interoperability (e.g. compatibility with specific software versions) or on the cross-compatibility of spare parts.

23d g, Failure to disclose the need for accessories or consumables

Prohibited: Withholding information about the need to purchase specific accessories, spare parts or consumables in order to use the product as advertised.

Restrictive effect: How the Blacklist is changing the Unfair Competition Act

The Blacklist takes precedence over the general prohibition on misleading advertising under Section 5 of the UWG. In legal proceedings, this means:

1. Step 1: Are the elements of a Black List offence present? If so: the offence is established, proceedings are terminated, Section 5 of the UWG is no longer examined separately.
2. Step 2: Only if the elements of a Black List offence are not met: assessment under Section 5(1), (2) of the UWG (general misleading advertising) or Section 5(3) of the UWG (irrelevant benefits, future environmental performance).

This blocking effect is central to practice. The government bill (BT-Drs. 21/1855, p. 78) puts it as follows: “The ‘blacklist’ establishes a specific barrier to fair trading which takes precedence over the general assessment requirement under Section 5.”

What does this mean in practice?

The Blacklist compels marketing teams to systematically scrutinise every environmental claim. Specifically:

1. Identify trigger words: Words such as ‘green’, ‘ecological’, ‘climate-neutral’, ‘sustainable’ and ‘environmentally friendly’ are risk triggers, every instance must be checked.
2. Be specific rather than general: Replace general claims with specific statements that are highlighted in the same medium.
3. Audit labels: Discontinue in-house labels and switch to ISO 17065-certified systems.
4. Revise CO₂ claims: “Climate-neutral through offsetting” will be prohibited from 27 September 2026. Life-cycle-based in-house reductions are permitted, but must be methodologically sound and properly documented.
5. Review the obsolescence directive: Particularly affected: manufacturers of smartphones, household appliances and printers, but also software companies.

Sanctions: What are the consequences of non-compliance?

Breaches of the ‘blacklist’ provisions constitute administrative offences under Section 19 of the Unfair Competition Act (UWG), as amended. The scale of penalties:

In addition, there are competition law warnings (€1,000–5,000 per case), collective actions brought by authorised bodies and damage to reputation.

This is how the GreenClaims Manager helps

Our algorithmic tool systematically scans your marketing texts for ‘blacklist’ offences and highlights potential risks, providing a risk category and a suggestion for improvement for each finding. The analysis is based on the current legal position following the amendment to the Unfair Competition Act (UWG), Federal Law Gazette 2026 I No. 43.

First findings in 30 seconds → start a free scan

FAQ

What is the UWG’s blacklist?

The Black List is the annex to Section 3(3) of the UWG. It contains commercial practices that are always prohibited in relation to consumers, without the need for a case-by-case assessment. The EmpCo implementation has expanded the list in 2026 to include six new categories of offences covering typical greenwashing practices.