EmpCo in online marketing with ads, SEO and email

The basics are covered in the guide EmpCo Directive, the situation in the shop in the guide EmpCo in online shops. This guide is about the channels that marketing teams work with every day.

Why short formats are tricky

A generic environmental claim is a claim whose specification is not provided in clear and prominent terms on the same medium (Art. 2(p) UCPD). According to recital 9, the same medium can be, for example, the same advertising spot. On this point the Commission quotes its guidance on the UCPD (2021/C 526/01). In formats with little space, the consumer should be able to understand the link between the claim and the additional information. If there is no room for the specification, the claim should generally not be made. According to the Commission, EmpCo does not change this.

Google Ads and Shopping

In responsive search ads, Google combines the submitted headlines and descriptions itself and tests the variants. So you do not see every combination in advance. Every headline therefore has to work on its own and in every combination. A headline “Climate neutral” next to a headline with a product name becomes a claim about that product. For products whose climate claim is based on offsetting, this is prohibited under point 4c.

Shopping ads come from the product feed. Whatever is in the title, description or highlights there is what the customer sees. According to Google, no customer sees custom labels. They only control campaigns. The same applies to Performance Max as to responsive ads. Every asset should be able to stand on its own. Sitelinks and callouts are also ad text. A callout “Climate neutral” stands there without any specification.

Google has its own advertising policies. The misrepresentation policy prohibits, among other things, inaccurate claims. It contains no specific rule on environmental claims (retrieved 2 November 2026). The statutory rules apply regardless.

Example of a search ad

The schematic example shows the building blocks of a responsive search ad for a laundry detergent. Headlines have 30 characters each, descriptions 90.

Social ads

Social ads have more room for text, but images have a stronger effect. According to the Commission, images and colors on their own are not a generic environmental claim. Together with text or a logo, they can become part of an environmental claim. In carousels, each card often stands on its own. Own hashtags such as #climateneutral are text and belong in the check like any other sentence in the ad.

Influencers, affiliates and agencies

In influencer and affiliate partnerships, claims arise outside your own team. Briefings and ad material pools can still be controlled. A briefing with “Tell people how sustainable the product is” invites generic claims. A briefing with a substantiated feature, such as the share of recycled material in the packaging, supplies the specification at the same time.

• Disclosure. Under Section 5a(4) UWG (“Irreführung durch Unterlassen”, misleading by omission), failing to identify the commercial intent of a commercial practice is unfair unless it is apparent from the context. Paid editorial content without a recognizable advertising link is listed as “als Information getarnte Werbung” (advertorial disguised as information) in no. 11 of the annex to the UWG.
• Agents. If employees or agents (“Beauftragte”) commit an infringement, the claims for injunctive relief and removal also lie against the owner of the business (Section 8(2) UWG). Whether an influencer, affiliate or agency is an agent in an individual case is decided by the courts on the circumstances.
• Acting on behalf. Under the UCPD, a trader also includes anyone acting in the name of or on behalf of a trader (Art. 2(b)).
• Ad material. Affiliate networks distribute banners and texts to many partners. A list of the material issued shows which partners have which version.

Briefings and partner contracts can point to the new rules and specify substantiated wording. Who is responsible in an individual case is governed by national law and the contract.

SEO, snippets and guides

Title and meta description are a website's shortest advertising copy. Google also generates title links and snippets itself. For title links, Google uses headings and other text on the page in addition to the title element. Snippets are created mainly from the page's content. A claim in the body text can therefore appear in the search result without the specification next to it.

Guides and magazine articles on sustainability are commercial communication if they promote products or your own range. They belong in the inventory, as do alt texts and structured data.

Newsletters, CRM and transactional emails

• Subject line and preheader appear in the inbox without the rest of the email.
• Hero banners combine an image and a catchphrase.
• Trigger emails such as cart reminders take over product texts.
• Footers in order confirmations with advertising messages are also commercial communication.
• Recommendations from the CRM take over tags such as “sustainable” from the product data.

In the email itself there is more room for the specification than in an ad.

Example of a subject line

The schematic example shows the subject and preheader of a newsletter as they appear in the inbox.

Approach for marketing teams

1. Channel inventory. Which channels are running, with which ad material, in which languages, with which agency?
2. Check the building blocks. Check headlines, descriptions, sitelinks, callouts and assets individually, not just the ads being served.
3. Adjust briefings. Specify substantiated features instead of generic terms.
4. Align website and feeds. Landing pages need specification and evidence, feeds need the same texts.
5. Inform partners. Agencies, influencers and affiliate partners receive the approved wording.
6. Clarify approval. Who approves new environmental claims, and who checks variants from tests?
7. Keep checking. Campaigns and tests change every week.

The claims competitors and associations have in case of infringements are shown in the guide EmpCo Directive.

Common mistakes

• Checking only the ads that are currently running and forgetting paused assets that become active again.
• Correcting the shop and leaving the Shopping feed unchanged.
• Changing meta descriptions and overlooking the body text from which Google builds snippets.
• Continuing to use influencer briefings with generic terms.
• Not informing agencies and affiliate partners.

Frequently asked questions