In the current issue of GRUR-Prax, BOEHMERT & BOEHMERT attorney at law Dr. Julian Wernicke discusses the decision of the Higher Regional Court of Cologne (8 July 2026, Case No. 6 U 68\/25), according to which an airline\u2019s advertising of \u201cmore sustainable flying\u201d through the use of Sustainable Aviation Fuel (SAF) may be misleading if material information is not disclosed in a timely manner.<\/p>\n
A key factor in this case was that consumers could gain the impression from the airline\u2019s advertising that the sustainable aviation fuel financed by them would be used for the specific flight they had booked. In fact, it was only explained at a later stage that the fuel could also be used on other flights and at a later point in time.<\/p>\n
According to the court, this constitutes material information that must be apparent in the immediate context of the advertising claim itself. A subsequent explanation provided through additional links is therefore not sufficient.<\/p>\n
The decision underlines the high standards applicable to environmental advertising, particularly in light of the rules introduced by the EmpCo Directive, which will take effect on 27 September 2026. Companies are well advised to ensure now that any limitations or explanations relating to advertised environmental benefits are communicated clearly, transparently and in a timely manner.<\/p>\n