A German court has ruled against Apple’s marketing claims regarding the carbon neutrality of its Apple Watch. The Frankfurt Regional Court announced its decision Tuesday following a lawsuit brought by the Deutsche Umwelthilfe (German Environmental Aid). The court’s 6th Chamber for Commercial Matters determined that the advertising was misleading and violated competition law.
The court’s reasoning centers on consumer expectation regarding long-term carbon offsetting, particularly in the context of the 2015 Paris Agreement. Consumers, the court stated, generally understand carbon neutrality claims to imply offsetting measures are secured through to approximately 2050. Apple had based its claim on a forest project in Paraguay intended to balance the carbon footprint of the Apple Watch.
However, the court found that leasing contracts for 75% of the project area only extend until 2029, failing to guarantee long-term carbon compensation. While Apple argued a “Verra buffer account” was established to secure lease extensions, the court deemed this insufficient. The ability to merely monitor the project, the court concluded, does not constitute a guarantee of sustainable carbon offsetting.
The ruling is not yet final and can be appealed to the Higher Regional Court of Frankfurt.
