Deutsche Umwelthilfe v. dm-drogerie markt GmbH + Co. KG

Germany

Jurisdiction: Regional Court of Karlsruhe

Side A: Deutsche Umwelthilfe (Ngo)

Side B: dm-drogerie markt GmbH + Co. KG (Corporation)

Core objectives: Whether a "climate neutral label" on cosmetic products and advertising statements on "environmentally neutral products" are in breach of German competition law

Summary

In 2022, Deutsche Umwelthilfe (DUH) filed legal action against dm-drogerie markt due to the advertising of several cosmetic products with a "climate neutral" Climate Partner label as well as advertising statements regarding various drugstore products as "environmentally neutral".

DUH argued that these advertising claims were in breach of the German Act Against Unfair Competition. First, DUH criticised the advertising of drugstore products as "climate neutral" and pointed out that the information on the product or on the company's website was insufficient to enable consumers to obtain information as to why this product has this environmental benefit. Second, the DUH used the same arguments regarding the advertising claim "environmentally neutral". Third, DUH argued that the compensation through the purchase of emission credits for forest protection projects in Peru (Tambopata) and Brazil (Jari Pará) was insufficient.

This case is part of a series of DUH legal proceedings concerning climate neutrality advertising promises. An overview of the ongoing proceedings (as of 18 January 2018) is published here.

Documents will be uploaded when made available.