The EU EmpCo Directive (Directive 2024/825) will govern environmental claims in EU B2C communications, redefining what constitutes an environmental claim and introducing strict prohibitions to curb greenwashing.

General environmental claims must be supported by demonstrated, recognized outstanding environmental performance, and sustainability labels must be based on third-party certifications or public authority schemes, with self-declared labels prohibited.

A new harmonized EU definition of environmental claims broadens scope to text, images, symbols, labels, brand names, and product names used in marketing, meaning branding and packaging trigger compliance.

The Empowering Consumers Directive entered force in 2024 and targets unfair practices and greenwashing, with full transposition by 2026 and application from September 2026 across EU states, including Germany via UWG.

Member states must transpose the EmpCo rules by March 27, 2026, with the rules applying from September 27, 2026 and no grandfathering; soft-law compliance window is uncertain.

Advertising misrepresentation provisions require clear, objective, publicly verifiable commitments with measurable targets and independent third-party verification.

Industry watchdogs will intensify scrutiny starting September 2026, which could drive greenhushing but reinforces the need for proactive, compliant marketing and labeling.

There is growing exposure to US-style class actions via cross-border breaches of EU consumer law; the Netherlands has already seen high-profile actions in 2024 under the Representative Actions Directive.

Enforcement will be national and vary by country, with penalties including prison terms, fines, and damages; examples from Ireland, France, and Italy illustrate severity and enforcement style.

Practical steps include auditing environmental claims on packaging, clarifying or removing ambiguous labels, pursuing credible third-party certification for sustainability claims, and documenting evidence with regular third-party verification.

The EmpCo Directive’s complexity stems from numerous definitions tied to other EU directives and standards, creating uncertainty about terms like environmental claim and sustainability label, requiring careful review of product packaging.

Key prohibited practices include uncertified sustainability labels, unsubstantiated generic environmental claims (e.g., eco-friendly), misleading claims about an entire product or business based on partial components, and carbon neutrality claims based on offsets; rules also cover durability, software updates, and use of non-original parts.