What does the EmpCo Directive mean for environmental claims?

What does the directive regulate?

Directive (EU) 2024/825 of 28 February 2024 has a long official title and is about “empowering consumers for the green transition”. It is not a separate law and amends two existing directives.

• The Unfair Commercial Practices Directive (UCPD) 2005/29/EC. It gains new definitions, new cases of misleading practices and new points in the “blacklist” in Annex I.
• The Consumer Rights Directive 2011/83/EU. It gains new pre-contractual information requirements, for example on durability, software updates, reparability and environmentally friendly delivery options.

One of the triggers was the review of advertising claims. In a screening of websites published in early 2021, the Commission and national authorities had reason to believe that 42% of 344 environmental claims examined in detail may be false or deceptive. A Commission study from 2020 found that 53% of the environmental claims examined were vague, misleading or unfounded and 40% were unsubstantiated.

According to the European Commission, the practices on the blacklist are considered unfair in all circumstances. Whether they influence a consumer's decision is not assessed there. For the amendments to Articles 6 and 7 UCPD, the case-by-case assessment remains.

Deadlines and transposition in Germany

The German act mainly amends Section 2 (definitions), Section 5 (misleading actions), Section 5b (comparison services), Section 19 (fines) and the annex to Section 3(3) UWG. The new Section 15b UWG on existing stock is part of a separate act, promulgated on 27 October 2026 (BGBl. 2026 I No. 322).

The key terms

The new points on the blacklist

Examples from the recitals

The directive explains many prohibitions with examples. They appear in the recitals and serve as guidance for interpretation. The Commission adds further cases in its questions and answers. The list is not exhaustive.

There are also two cases assessed case by case. Claims about future environmental performance require publicly available and verifiable commitments in a detailed implementation plan that an independent external expert checks regularly. Irrelevant benefits that do not result from any feature of the product are considered misleading. In the UWG both are in Section 5(3) nos. 3 and 4.

Offsetting and climate claims

According to the Commission's questions and answers, point 4c concerns claims about products. Claims about offsetting at company level do not fall under 4c, but remain subject to the other rules of the UCPD. According to recital 12, a company may continue to report on investments in climate projects as long as the presentation is not misleading. Generic terms such as “climate neutral” also fall under point 4a.

According to the Commission, climate claims about products remain possible if they are based on real reductions over the product's life cycle and are specified on the same medium. The table classifies typical wordings according to the directive and the Commission. Whether a specific claim is permitted depends on the individual case.

Images and brand names

According to the Commission, images and colors on their own are not a generic environmental claim, because such a claim is made in written or oral form. Together with text or a logo, however, a green leaf can become part of such a claim or act as a label. Brand and product names are explicitly part of the definition, even if they are protected as trademarks. A word such as “green” in the name is not automatically an environmental claim. It depends on what an average consumer expects in the context.

Terms such as “bio” and “eco” for food are governed by the Organic Regulation (EU) 2018/848. On this point it takes precedence over the UCPD.

Sustainability labels and certification schemes

A sustainability label is any voluntary trust mark or quality mark that highlights environmental or social characteristics (Art. 2(q) UCPD). It may only be displayed if it is established by public authorities or based on a certification scheme (point 2a). The terms of such a scheme are publicly available and meet four criteria (Art. 2(r)).

1. Open to all. Every trader willing and able to comply with the requirements has access on transparent, fair and non-discriminatory terms.
2. Requirements developed with experts. The scheme owner develops the requirements in consultation with relevant experts and stakeholders.
3. Rules for non-compliance. The scheme sets out procedures for dealing with non-compliance, including withdrawal or suspension of the label.
4. Independent monitoring. A third party monitors compliance in an objective procedure. Its competence and its independence from the scheme owner and the trader are based on international, Union or national standards.

As an example of such a standard, recital 7 names ISO 17065 for bodies certifying products, processes and services. As labels established by public authorities it names logos under the EMAS Regulation (EC) No 1221/2009 and under Regulation (EC) No 66/2010 on the EU Ecolabel. According to the Commission, labels of public authorities outside the EU are only permitted if they are based on a certification scheme.

For generic environmental claims under point 4a, what counts is recognized excellent environmental performance. The Commission names the EU Ecolabel and officially recognized EN ISO 14024 type I ecolabels such as the Blue Angel, the Nordic Swan Ecolabel, the Austrian Ecolabel and the Dutch Milieukeur. Top environmental performance under other Union law, such as the energy label, also counts. How a shop checks its labels is covered in the guide EmpCo in online shops.

Social claims and social washing

The directive also covers claims about social characteristics. Environmental and social characteristics are now among the main characteristics of a product (Art. 6(1)(b) UCPD, in the UWG Section 5(2) no. 1, “ökologische oder soziale Merkmale”, environmental or social characteristics). Misleading information on them is assessed by authorities and courts case by case.

Recital 3 describes what social characteristics are. It names working conditions such as adequate wages, social protection, a safe work environment and social dialogue. It also names human rights, equal treatment and opportunities, inclusion and diversity, contributions to social initiatives and ethical commitments such as animal welfare.

• Labels. The rules for sustainability labels also apply to labels about social characteristics, for example fair working conditions (Art. 2(q), point 2a).
• Comparisons. A trader comparing products on social or environmental characteristics states the method of comparison, the products, the suppliers and how the information is kept up to date (Art. 7(7), in the UWG Section 5b(3a)).
• Evidence. According to the Commission, traders should be able to furnish evidence of the accuracy of such claims (Art. 12 UCPD).

The prohibitions in points 4a to 4c concern environmental claims only. For social claims, the case-by-case assessment and the rules on labels apply.

New mandatory information

The amendments to the Consumer Rights Directive mainly affect shops. Since 27 September 2026 there has been a harmonized notice on the legal guarantee of conformity and a harmonized label for commercial guarantees of durability of more than two years. Both are laid down in Implementing Regulation (EU) 2025/1960. According to the Commission, in online retail the notice can appear as a general reminder on the website. The label belongs directly next to the product image.

• Software updates. For goods with digital elements, digital content and digital services, the trader states the minimum period for updates, as a period or a date. This applies where the producer or provider makes that information available (Art. 5(1)(ed) and Art. 6(1)(lc) Consumer Rights Directive).
• Reparability score. Where one exists at EU level, it is part of the pre-contractual information. According to the Commission, this has applied to new smartphones and tablets since 20 June 2025.
• Repair information. Where there is no such score, the trader provides the producer's information on spare parts, estimated costs, the ordering procedure, repair and maintenance instructions and repair restrictions, where the producer makes it available (Art. 5(1)(j) and Art. 6(1)(v)).
• Environmentally friendly delivery options. In distance sales they are part of the delivery arrangements, where available (Art. 6(1)(g)). Recital 37 names cargo bikes, electric delivery vehicles and bundled shipping.

According to recital 36, traders are not required to search producers' websites for this information. Find out more in the guide EmpCo in online shops.

Existing stock and old content

The directive contains no general transition period. According to the Commission, from 27 September 2026 environmental claims and labels must also be correct for goods that were produced or delivered beforehand. It names stickers or notices at the point of sale as options. Authorities and courts may take into account the efforts a company has made. The consumer protection authorities of the CPC network have developed a common understanding on such old-stock situations.

In Germany the UWG is enforced mainly by competitors and associations. For them, the new Section 15b UWG applies. It is part of the Act on the Modernization of Design Law and Amending the UWG of 22 October 2026, promulgated on 27 October 2026 (BGBl. 2026 I No. 322), and applies retroactively from 27 September 2026. It covers claims for removal and injunctive relief under Section 8(1) UWG (“Beseitigung und Unterlassung”) under the new rules “im Hinblick auf vor dem 27. September 2026 in Verkehr gebrachte Waren” (with regard to goods placed on the market before 27 September 2026). Such claims are asserted in good faith (“nach Treu und Glauben”) and with regard to proportionality. The balancing takes into account the seriousness of the infringement, the trader's efforts and the costs and environmental impact of remedying it.

Section 15b applies up to and including 26 September 2028. Its deletion enters into force on 27 September 2028 (Art. 6 and Art. 7(3) of the act). The provision refers to goods. It does not mention texts on websites, ads or press releases.

Enforcement and consequences

In Germany most proceedings are civil. They often start with a formal warning letter (“Abmahnung”) asking the trader to sign a cease-and-desist declaration with a contractual penalty (“Unterlassungserklärung”). The table shows the claims and consequences provided for by the UWG and the German Code of Civil Procedure (ZPO).

A fine under Section 19 UWG requires a widespread infringement under Section 5c UWG. It can only be imposed within a coordinated enforcement action under Art. 21 of Regulation (EU) 2017/2394. The fine is up to 50,000 euros. For traders with an annual turnover of more than 1.25 million euros, it can reach 4% of annual turnover in the Member States concerned. If there is no basis for estimating turnover, the maximum is 2 million euros.

Under Art. 12 UCPD, courts and authorities can require a trader to furnish evidence of the accuracy of factual claims. If the evidence is not provided, they may consider the claim inaccurate. The evidence for every environmental claim should therefore be at hand.

Green Claims and CSRD

The planned Green Claims Directive (procedure 2023/0085(COD)) has not been adopted. According to the European Parliament's Legislative Observatory, the procedure is awaiting the Council's first-reading position (retrieved November 2, 2026). No formal withdrawal by the Commission is recorded there. This changes nothing for EmpCo. Its rules have applied since September 27, 2026.

Mandatory reports under the CSRD are aimed at investors and, according to the Commission, generally do not fall under the UCPD. If a company takes statements from the report into advertising for consumers, the UCPD applies to that advertising. How corporate groups deal with this is covered in the guide EmpCo for corporate groups.

Directive (EU) 2026/470 of February 24, 2026, known as the Omnibus package, narrows the reporting obligation. At individual level it will apply to undertakings with more than 1,000 employees and a net turnover of more than 450 million euros. The UCPD applies to advertising aimed at consumers whether or not a company has to report (Art. 3(1)). Evidence for environmental claims is therefore needed even without a reporting obligation.

What does this mean for website teams?

The legal assessment lies with the legal department. The groundwork often lies with the web and SEO team, because the team knows where which content sits.

1. List the domains. Main site, brand sites, country versions, shops, newsroom, careers pages and portals with data sheets.
2. Crawl all URLs, including JavaScript. Claims in badges, filters or teasers are often only in the rendered HTML.
3. Search for terms. Texts, alt texts, title and meta description, PDFs, image captions and labels. Social claims such as “fairly produced” belong on the list too.
4. Deliver findings with context. URL, text passage, whether the specification is on the same page and which evidence belongs to it.
5. Keep checking. New campaigns, products and press releases bring new claims.

There is a separate guide for marketing channels such as ads, newsletters and feeds, EmpCo in online marketing.

Common mistakes

• Checking only the main domain and overlooking microsites, subdomains and PDFs.
• Searching only the raw source code. Badges and filters often come via JavaScript.
• Correcting the shop and forgetting the product feeds that keep serving old texts.
• Leaving out the press archive and old blog articles, even though they are online.
• Leaving social claims and labels on working conditions out of the check.
• Confusing the Green Claims Directive with EmpCo and therefore waiting.

Frequently asked questions