Wettbewerbszentrale v. Wunderbräu (Advertising beer as ‘CO2 positive’/’climate-neutral production’)

A registered association for the promotion of commercial interests, specifically dedicated to combating unfair competition, brought an action against a beverage trading company under the brand name "WUNDERBRAEU" in the Regional Court of Munich I (Landgericht München I). The Plaintiff challenged the Defendant’s advertising of beer as “CO₂-positive” and “climate neutral.”

The Regional Court upheld the claim, finding the advertising misleading and unlawful. The court found that the product packaging did not provide consumers with sufficiently clear information about the basis of those claims.

The court held that environmental claims of this nature require immediate and sufficiently prominent clarification on the product itself. A QR code directing consumers to an external website, where they could find information about the measures underlying the claimed climate neutrality or positive carbon balance, was insufficient. Given the strong influence of environmental claims on consumer purchasing decisions and the scientific complexity of concepts such as “climate neutral” and “CO₂-positive,” consumers must not be left to investigate or infer how the claimed environmental balance is achieved.

The court also found the company’s presentation of the beer’s origin misleading. The use of the brand name “Wunderbraeu” together with a Munich address created the impression that the beer was brewed locally in Munich, although it was actually produced elsewhere.