The Green Claims Directive (GCD) has already been adopted by the EU Parliament. By the end of the year, it is likely to clear the final hurdles in the legislative process and begin being transposed into national law. By then at the latest, many FMCG brands are likely to be ringing alarm bells – because many things that are legal today will be in breach of the law in future. In plain language, environmental claims must be substantiated by scientific reports, independently tested, or officially certified. Every "climate-friendly" and "CO2-neutral" claim must therefore be proven. Putting your own sustainability labels on packaging will no longer be permitted. Even gently rolling green meadows and the look of environmentally friendly paper could result in charges if they are deemed deceptive to consumers. What makes the situation worse is that once the GCD comes into force, companies will probably only have 24 months to reorganise their entire communication – from packaging to websites and social channels. Anyone familiar with retail cycles knows that’s not a lot of time, so quick action is required.
 

Brands from all industries face the potential for lawsuits and legal challenges
 

“I estimate that fully half the brands in Germany will be under enormous pressure to take action,” said industry expert Inga Wolter. As the head of the Conumer Branding division at the brand and design agency Peter Schmidt Group, she has noticed growing uncertainty among companies from a wide range of product groups. “Sustainability is a megatopic that almost every brand has to deal with. Every brand that makes any references to the topic will have to review its communication to ensure compliance!" It is important to see the new requirements of the GCD as an opportunity. Brands that really take sustainability seriously are given a unique selling point that consumers value highly.
 

To help companies make sense of the new GCD requirements, Peter Schmidt Group has designed a new program that evaluates where brands stand now and what pitfalls they need to avoid. The new offering builds on the expertise the agency has gained working for leading brands such as Bauer, Dr. Oetker, Henkel, Nivea, Rauch, and Tesa. Partnering with the agency is legal expert Britta Klingberg, LL. M. She specialises in intellectual property law and is a partner in the law firm Boege Rohde Luebbehuesen. She has been advising and representing companies for 20 years on legal issues relating to intellectual property, marketing and competition law, among other issues. She recommends, “Use the short time remaining until 2026 effectively, by implementing changing as quickly as possible. After all, investing in GCD-compliant communication now will not only save you money on legal fees later, it will also protect your company against warnings and fines. Moreover, it's an opportunity to stand out from the competition.”
 

Companies can contact Inga Wolter directly for an initial non-binding discussion about the new guidelines and their translation into design. You can find her contact information here.