EmpCo Directive: what has applied to your communication since 27 September 2026
Since that date, vague environmental claims are no longer a matter of taste but open to legal challenge. Even on material that was printed long ago.
What the directive bans, in four sentences.
Since 27 September 2026, the EmpCo Directive (EU) 2024/825 has banned generic environmental claims such as “environmentally friendly”, “green” or “climate friendly” unless they are backed by recognised excellent environmental performance.
It amends the Unfair Commercial Practices Directive (UCPD 2005/29/EC) and the Consumer Rights Directive (CRD 2011/83/EU) and applies to all advertising aimed at consumers. There is no grandfathering for material that has already been published.
The facts at a glance.
Four dates and one scope. That is all you need for a first assessment.
EmpCo (EU) 2024/825 in five lines:
- Application date: 27 September 2026. The directive has applied since then.
- Transposition deadline for member states: 27 March 2026. Often confused with the application date.
- In force since: 26 March 2024.
- Scope: communication aimed at consumers. B2B only through national extensions.
- Grandfathering: none. Packaging that is already printed and campaigns that are already published are covered too.
- Most affected: textiles and fashion, food, cosmetics and cleaning products, retail and e-commerce.
26 March 2024
The directive enters into force. Nothing changes for companies at first.
27 March 2026
Deadline for member states to transpose the directive into national law. That is an obligation of the states, not yours.
27 September 2026
Since then it has applied. To everything, including material created before that date.
Since 28 September 2026
Breaches can be challenged: cease and desist letters from competitors, lawsuits by consumer associations, official market surveillance.
What has been banned since 27 September 2026.
Six practices, each with its legal reference. The first five apply without case-by-case assessment, as they are listed in Annex I of the Unfair Commercial Practices Directive.
Generic environmental claims
“Environmentally friendly”, “green”, “eco”, “climate friendly” without recognised excellent environmental performance. Annex I No. 4a.
Climate neutral through offsetting
Climate neutrality based on offsets outside your own value chain. Annex I No. 4c.
Self-made labels
Sustainability labels without an underlying certification scheme. Annex I No. 2a.
The part for the whole
“Made from recycled material” when only the packaging is meant. Annex I No. 4b.
Obligation presented as achievement
Presenting legal requirements as a distinctive feature of your own. Annex I No. 10a.
Promises without a plan
“Climate neutral by 2030” without a verified, public implementation plan. Article 6(2)(d).
What goes, and what is still possible.
No longer allowed
Generic environmental terms without evidence. Climate neutral based on offsets. Self-made labels. A partial aspect presented as a claim about the whole. Irrelevant benefits such as “gluten-free water” (Article 6(2)(e)).
Still possible
Specific claims with a reference point and evidence. Certified labels based on a recognised scheme. And the new mandatory information under the Consumer Rights Directive: legal guarantee, durability guarantee, reparability.
“Sustainable” is the borderline case.
The word every marketing team debates first is not on the banned list. That does not make it safe.
Why “sustainable” is not a safe harbour:
- “Sustainable”, “conscious” and “responsible” are not listed in Annex I.
- They carry a social component that is hard to substantiate and are considered high risk (Recital 10).
- If you keep using them, you need a justification that holds up under scrutiny.
- Images, colours and labels count as claims too, not just the text.
Green Claims Directive: what companies need to know
The neighbouring legal act that is constantly confused with EmpCo. What it covers and where the differences lie.
Climate communication and anti-greenwashing
How to talk about climate topics without leaving yourself open to challenge. The basics for marketing and communication.
How to give greenwashing no chance
The typical patterns that make environmental claims fail, and how to spot them in your own material.
Check your own claims
Check your website, campaign or product documentation against the categories of the directive and get a report with legal references.
Fines are one thing. Cease and desist letters come first.
Penalties are governed by Article 13 of the Unfair Commercial Practices Directive, which EmpCo amends. The specific fines are set by the member states.
For widespread cross-border infringements, the maximum fine must be at least 4 percent of annual turnover in the member states concerned, or at least 2 million euros where no turnover information is available. That is the ceiling for the most serious case, not the norm for every individual breach.
More relevant in practice are cease and desist letters from competitors and consumer associations, injunctions, recalls and relabelling, and reputational damage.
See where you stand in minutes.
Check your environmental claims against the categories of the directive. You get specific findings with legal reference and action, not a traffic light.
FAQ
EmpCo in seven questions.
Check your own claims
Check your website, campaign or product documentation against the directive and get a report with legal references.
Check websiteSince 27 September 2026. 27 March 2026 is often mistaken for it, but that is only the deadline for member states to transpose the directive into national law. For companies, the later date is what counts.