ESG communication and advertising
Establishing ESG criteria within a company and its external communication is increasingly becoming a competitive factor. References to CO2-neutral production processes and climate-neutral buildings are just as widespread as advertising for products that come from sustainable agriculture or were manufactured without animal testing or child labor. A wide variety of test seals, certificates and quality marks from different organizations are intended to prove customers that certain requirements were met. Moreover entire business models are based on the idea of compensating for the socially detrimental or climate-damaging effects of economic activity, for example through reforestation and social projects.
Case law sets high standards for the admissibility of advertising that contains environmentally related statements or focuses on ethical issues. In case of doubt, the advertising company must prove the accuracy of the content of its advertising statement. This leads to risks in the creation of advertisement, especially when a company uses ambiguous terms or scientifically explanations without clearly defined understanding ("sustainable"). Moreover, the advertising company is not allowed to push responsibility to service providers who are for example called in for CO2 compensation or have carried out a certification, but bears the responsibility for content itself.
Our specialists from the Unfair Competition Team support you in designing and reviewing ESG communication in your company and, if necessary, canceling unlawful advertising measures of your competitors.
