Since 27 September 2026, stricter rules on environmental and sustainability claims have applied under the Empowering Consumers for the Green Transition Directive (Directive (EU) 2024/825, the “EmpCo Directive”). What was previously a forthcoming regulatory change is now a practical compliance challenge for businesses.
The key question for businesses is now: Which existing claims, packaging materials and marketing campaigns can continue to be used, and where are adjustments necessary?
Environmental and Climate-Related Claims: Less General, More Specific
Generic environmental claims such as “environmentally friendly”, “sustainable”, “green” or “eco-friendly” are particularly problematic. Such claims are now only permitted under strict conditions. Businesses must be able to demonstrate that the claim is based on recognised excellent environmental performance, for example under the EU Ecolabel, a comparable officially recognised environmental labelling scheme or relevant EU legislation. Crucially, the recognised environmental performance must actually substantiate the specific claim being made.
The situation may be different for more specific claims that clearly indicate to consumers which environmental aspect is being addressed. For example, a statement such as “Packaging contains 80% recycled plastic” is not necessarily subject to the same assessment as a generic claim such as “environmentally friendly packaging” – provided that the specific statement is accurate and supported by reliable evidence.
For businesses, this means that the more precisely an environmental benefit is described, the easier it is to assess and substantiate the claim from a legal perspective.
Climate-related claims such as “climate neutral”, “CO₂ neutral” or “climate positive” also require particular scrutiny. Product-related claims suggesting a neutral, reduced or positive impact on the climate are prohibited where the claimed effect is based on the offsetting of greenhouse gas emissions outside the product’s value chain.
Stricter requirements also apply to claims relating to future environmental performance. Statements such as “CO₂ neutral by 2030” or “climate neutral by 2040” must go beyond mere aspirations. They must be supported by clear, objective and verifiable commitments, set out in a realistic implementation plan with measurable and time-bound targets, and regularly verified by an independent third-party expert. The findings of these reviews must be made available to consumers.
Sustainability Labels, Icons and Visual Presentation Also Matter
The new rules are not limited to traditional written claims. Sustainability labels, green icons or self-developed “eco” badges may also raise legal concerns, particularly where they create the impression of independent certification without being based on an appropriate certification scheme or having been established by public authorities.
Businesses should therefore review their overall external communications. Relevant materials include packaging, websites and online shops, point-of-sale materials, brochures and catalogues, social media communications, and other consumer-facing sustainability and ESG content.
The precise wording of a claim is not the only relevant factor. What matters is the overall impression created in the consumer’s mind by the combined effect of the wording, visual design, imagery, labels and the context in which the claim appears.
Existing Stock: What About Products and Packaging Already Produced?
A particularly relevant practical issue is the treatment of products and packaging that were produced or placed on the market before 27 September 2026 and still carry environmental claims or sustainability labels that may be problematic under the new rules.
The EmpCo rules do not provide for a general transitional period allowing businesses to use up or sell off existing stock. The German Bundesrat (Federal Council) had already highlighted the practical difficulties this may create, particularly for durable products and packaging produced in advance.
To address the specific situation of certain existing stocks, the German legislator has adopted a new provision, Section 15b of the German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb – UWG), which, as at the latest review, had not yet been promulgated. The provision applies to goods placed on the market before 27 September 2026 and provides for particular consideration of good faith and the principle of proportionality when enforcing certain claims for injunctive relief.
Relevant factors include, in particular, the seriousness of the infringement, remedial measures already taken, the costs of eliminating the infringement and the environmental impact associated with modifying or destroying the affected goods.
Importantly, Section 15b UWG does not establish a general exemption for existing stock or an unrestricted right to sell it off. Instead, the appropriateness and proportionality of enforcement measures must be assessed on a case-by-case basis. Depending on the circumstances, possible solutions may include additional consumer information, limited continued use or other pragmatic transitional arrangements.
The scope of the provision is equally important. It relates to goods already placed on the market before the relevant date. Purely promotional materials, such as brochures, flyers, catalogues or trade fair materials, as well as websites, online shops and ongoing digital campaigns, do not benefit from this special provision.
For businesses, this means that communications which can readily be amended should be updated promptly. Existing stock, by contrast, requires a separate assessment of when the goods were produced and, crucially, when they were placed on the market, what adjustments are practically feasible and what economic and environmental consequences subsequent modifications would entail.
Three Types of Claims Requiring Particular Scrutiny
“Sustainable” / “Environmentally Friendly” / “Green”
Generic environmental claims carry a particularly high legal risk. Businesses should assess whether they can be supported by recognised excellent environmental performance or whether they should be replaced with more specific statements.
“Climate Neutral” / “CO₂ Neutral”
Particular scrutiny is required where the claimed climate impact is achieved, in whole or in part, through offsetting measures or the purchase of carbon credits relating to activities outside the product’s value chain.
“CO₂ Neutral by 2030” / “Climate Neutral by 2040”
Claims relating to future environmental performance require clear and verifiable commitments, measurable and time-bound targets, a realistic implementation plan and regular verification by an independent third-party expert. The findings of this verification must be made available to consumers.
What Businesses Should Do Now
Businesses should systematically review their consumer-facing communications for environmental and sustainability claims. In particular, they should:
Such documentation may be particularly important for a subsequent proportionality assessment under Section 15b UWG. Businesses should therefore be able to demonstrate when they became aware of potentially problematic claims, what steps they took to address them and why any remaining existing stock cannot readily be modified or destroyed.
The Key Takeaway
The EmpCo rules significantly tighten the legal framework for environmental and sustainability advertising. Such communications remain possible, but the emphasis is shifting away from broad “green” messages towards specific, transparent and substantiated claims.
Businesses should not focus solely on new marketing campaigns. Existing packaging, stock and previously produced promotional materials also require careful and differentiated assessment. The special provision under Section 15b UWG may provide important relief in the enforcement of certain claims relating to goods placed on the market before the relevant date. However, it does not establish a general exemption for existing stock.
