Does your business already comply with the EmpCo guidelines? These are the rules for green claims from September 2026.
Does the term “green” feature in your brand name? Do you use a sustainability label, such as B-Corp? Or do you claim that your product or service has a positive impact on the environment? If so, take note. From 27 September 2026, stricter rules on environmental and sustainability claims will apply across the European Union. The Empowering Consumers Directive (EmpCo for short) tightens existing regulations and identifies five specific practices that are considered misleading in all circumstances and will therefore soon be prohibited. As a result, many companies will need to adapt their marketing claims, labels and packaging before 27 September 2026.
In this article, you can read about which claims will soon be banned and what you can do to prepare your business in good time.
What are environmental and sustainability claims?
An environmental claim is a commercial message, in text, image, symbol, brand name or company name, which states or implies that a product or company has a positive effect on the environment, is less harmful than alternatives, or has been improved in that respect.
It is therefore not just about statements such as ‘this product contains no plastic and is good for the environment’. The use of the terms “green” or “eco” in your company name, or simply the use of the colour green, can also be regarded as an environmental claim.
Does the claim also contain terms such as “sustainable” or “conscious”? If so, it is also a sustainability claim. This is a claim that relates to both environmental and social characteristics.
The five prohibited practices
The EmpCo Directive identifies five specific practices relating to environmental and sustainability claims that are considered unfair in all circumstances and will be prohibited after 27 September 2026. Important to note: some of these practices may already be regarded as misleading under current regulations and may therefore already be prohibited.
The EmpCo Directive also contains rules on misleading sustainability labels and practices relating to the planned obsolescence of products. This article does not go into further detail on this.
1. Sustainability labels without recognised certification
Sustainability labels are voluntary labels (public or private) that distinguish a product, process or business activity on the basis of environmental or social characteristics. Well-known examples include labels such as B-Corp and Fairtrade.
From the end of September 2026, these types of labels will only be permitted if they are based on a recognised certification scheme or have been established by a government body.
A certification scheme is a verification system operated by an independent third party, on the basis of which a sustainability label may be used. The terms of the scheme are publicly accessible and must meet the following criteria:
- The scheme is open, on transparent, fair and non-discriminatory terms, to all traders who are able and willing to meet the requirements.
- The requirements are drawn up by the scheme owner in consultation with relevant experts and stakeholders.
- The scheme provides for procedures in the event of non-compliance, including the possibility of withdrawing or suspending the use of the label.
- Compliance is verified by an objective third party, whose competence and independence are based on international, European or national standards.
Does your company use a sustainability label? If so, check whether this label is based on a recognised certification scheme. Fairtrade, for example, has already set up its own page on this subject. Important: the responsibility for this lies with you as an entrepreneur. If the label does not meet the EmpCo requirements, you may no longer use it until it does.
2. Presenting legal requirements as a distinguishing feature
Is a particular substance prohibited by law from being present in a product? Then you may not promote the absence of that substance as something special. Legal requirements are not a distinguishing feature of a product or service; they are simply mandatory.
3. Overly broad environmental claims
Does only one component or aspect of your product or business operations have a positive impact on the environment? If so, you may not present that claim as if it applies to the entire product or all business activities. The claim must correspond precisely to what it actually relates to.
4. Claims regarding greenhouse gas emissions offsetting
Do you claim that your product is “climate-neutral” or “CO₂-neutral” because you offset emissions elsewhere (for example, by planting trees)? Such claims will soon be prohibited if they relate to the offsetting of greenhouse gas emissions outside the product’s value chain.
5. Generic environmental claims without evidence of superior environmental performance
Terms such as ‘environmentally friendly’, ‘green’, “biodegradable” and ‘ecological’ are generic environmental claims. From 27 September 2026, these will only be permitted if you can demonstrate recognised, excellent environmental performance that is relevant to the claim and covers the entire scope of the claim.
Recognised excellent environmental performance refers to performance that complies with:
- the EU Ecolabel (Regulation (EC) No 66/2010), or
- national or regional ISO 14024 Type I environmental labelling schemes officially recognised in the Member States, or
- the highest environmental performance in accordance with other applicable EU law.
Alternatively, a generic claim may be permissible if its specification is clearly and prominently included on the packaging or in the online sales interface.
Please note: colours and images are also taken into account when assessing whether something constitutes a generic environmental claim.
When is an environmental claim permitted?
Does your environmental claim not fall under any of the above prohibitions? That does not automatically mean the claim is permitted. The claim must also comply with existing rules, including those on misleading and comparative advertising.
You can read more about these regulations in my previously published articles: Misleading advertising: A practical guide for business owners | Fruytier Lawyers in Business and Comparative Advertising: What is allowed and what is not? | Fruytier Lawyers in Business.
For instance, the claim must be specific and factually accurate, and you must be able to substantiate it. You should therefore check regularly whether your claim is still up to date and correct.
Are you unsure whether a specific claim will stand up to scrutiny? If so, seek legal advice in good time.
What are the legal consequences?
Anyone who fails to comply with the rules risks sanctions: ranging from a court injunction and an obligation to rectify to claims for damages and ACM fines of up to €900,000 per infringement or 10% of the relevant turnover. A complaint to the Advertising Code Committee is also a possibility.
What is the best course of action now?
The deadline of 27 September 2026 is fast approaching, and many companies will need to review their packaging, marketing materials and websites.
A number of concrete steps:
- Identify and review all environmental and sustainability claims in your marketing, on your packaging and on your website.
- Check your sustainability labels: are they based on a recognised certification scheme?
- Amend generic claims: add specifications to the packaging or via a QR code, and ensure you can substantiate the claim.
- Document everything: record what measures you are taking and when. If an error is discovered after the regulation comes into force, this may work in your favour.
Questions
Do you have any questions regarding this article? Our solicitors are ready to advise you! Please contact one of our solicitors via email, by telephone or fill in the contact form for a no-obligation initial consultation. We are happy to help you find a solution.
