Environmental Advertising from 27 September: New UWG Rules Also Apply to Social Media

From 27 September 2026, stricter rules for advertising with environmental claims apply in Germany. They are set out in the German Act against Unfair Competition (UWG) and implement Directive (EU) 2024/825, known as EmpCo for short. The amending act was published in the Federal Law Gazette (Bundesgesetzblatt) back in February. The Wettbewerbszentrale (Germany’s Centre for Protection against Unfair Competition) points this out in an announcement of 24 September and explicitly names the social media channel: by the deadline, it has to meet all requirements, just like a website, online shop, catalog and poster.

For brands that buy UGC, this means above all: ads and posts that are currently running get no grace period.

What’s changing

The Wettbewerbszentrale names five changes. Four of them concern what is said or shown in an ad video:

• Generic environmental claims such as “environmentally friendly” are now only allowed if they are based on recognized excellent environmental performance, for example the best energy efficiency class.
• Claims about future environmental performance such as “climate neutral by 2050” need realistic implementation plans that are publicly available and checked by independent third parties.
• “Climate neutral” through offsetting. Claims such as “climate neutral” that rely on a product’s emissions being offset on paper are not allowed.
• Advertising with sustainability labels requires that the label is of state origin or based on a certification system defined by law.

The fifth change concerns information on the statutory guarantee and on commercial guarantees.

One detail in the law matters for videos: a generic environmental claim can be made in writing or orally, explicitly including through audiovisual media (§ 2(2) no. 1 UWG as amended). A claim counts as generic if the same medium does not clearly and prominently state exactly what it refers to. An image, a graphic or a symbol can also be an environmental claim. A spoken “environmentally friendly” in a video therefore counts just as much as a print on the packaging.

The transition rule applies only to existing stock

On 24 September, the Bundestag (Germany’s parliament) also passed a special rule as part of a bill modernizing German design law: the new § 15b UWG. It applies only to goods that were already placed on the market before 27 September 2026, meaning existing stock with old claims on packaging or labels. If someone takes action against this, it is weighed up case by case: how serious the violation is, what the company has already done to fix it, what fixing it costs, and what environmental burden it causes. According to the Wettbewerbszentrale, this is not a general sell-off period.

§ 15b has not yet been promulgated. The bill was not on the agenda of the Bundesrat (the chamber representing Germany’s states) on 25 September, and the Bundesrat’s next regular session is on 16 October. According to the Bundestag’s resolution, the rule is meant to apply retroactively from 27 September 2026 and lapse again on 27 September 2028.

In the Wettbewerbszentrale’s reading, it does not apply to advertising anyway, because it only concerns goods. For posts, Reels and ads, there is no grace period.

Does this also apply to creator posts?

The announcement does not mention influencers or creators. But the UWG is tied to commercial practices, and under § 2 UWG that also includes conduct that benefits another company. In my assessment, a paid post in which a creator promotes a product is therefore covered.

With classic UGC, the question barely arises. If the brand runs the video on its own channel, as an ad or in the shop, then in my assessment it is the brand’s advertising, no matter who is in front of the camera.

The announcement leaves open who has to make sure that older posts on a creator’s profile get adjusted. In an individual case, that should be clarified by a lawyer.

What this means for brands that buy UGC

• Running ads first. Check UGC ads that keep running past 27 September against the four claims listed above, including spoken lines and symbols shown on screen.
• Include older posts. The Wettbewerbszentrale names the social media channel as a whole. Posts with environmental claims that remain visible belong in the review.
• Add environmental claims to the don’ts in the briefing. Especially when creators are free to write their own lines, the briefing should state which claims must not come up. For what else a briefing should contain, see the guide Booking a UGC Creator: How the Collaboration Works.
• Check scripts before the shoot. When I write the script, it goes to the brand for approval before the shoot. That is the moment to cut an environmental claim: a change to the script costs one email, a change after the shoot costs time and sometimes a reshoot.

Why this matters especially for UGC: my packages include organic and paid usage for twelve months. A video delivered in spring 2026 may therefore run as an ad into 2027. If it contains an environmental claim, the new law applies to that ad from 27 September, even if the script was approved long before. How the duration and channels are agreed on is covered in the guide UGC Usage Rights: The Checklist Before You Book.

As of 25 September 2026. The information comes from the Wettbewerbszentrale’s announcement of 24 September 2026, the amending act in the Federal Law Gazette (BGBl. 2026 I Nr. 43), and the recommendation for a decision on § 15b (Bundestag printed paper 21/8158), which the Bundestag adopted on 24 September 2026. Scope of usage rights checked on 10 September 2026. The assessment regarding creator posts is my own, not legal advice.