EmpCo 2026: Obligations and Deadlines for Businesses
What environmental marketing claims can businesses make to consumers? An accessible overview of the EU deadlines, newly prohibited practices, existing stock and practical next steps, backed by official sources.
Which EmpCo dates matter?
Three dates must be kept distinct. The application date does not mean every existing product has to be automatically removed from sale.
Directive (EU) 2024/825 introduces additional rules against unfair commercial practices and misleading green marketing.
EU Member States were required to adopt and publish the measures necessary to transpose the directive.
National implementing measures apply from this date. Businesses must assess their consumer-facing claims against applicable national law.
Which businesses are affected?
The focus is on business-to-consumer commercial practices rather than company size alone.
Manufacturers and brands
Consumer product descriptions, packaging, branding and voluntary environmental marketing claims.
Retailers and online sellers
Product listings, comparisons, badges, advertising campaigns and pre-purchase information.
Service companies and agencies
Business and service claims, as well as the creation and publication of environmental marketing messages.
Which claims should businesses review?
EmpCo does not prohibit every environmental claim. It strengthens the rules and adds practices that are prohibited in all circumstances.
Generic environmental claims
Broad descriptions such as “green” or “eco-friendly” can be prohibited without recognised excellent environmental performance relevant to the claim. A clear and prominent specification in the same medium may take a claim outside the definition of a generic claim; the communication must still be true and not misleading.
Product climate claims based on offsetting
Claims that a product has a neutral, reduced or positive climate impact based on offsetting greenhouse gas emissions are prohibited. Separately presented information on climate contributions requires different assessment.
Sustainability labels
Voluntary sustainability labels must generally be based on a certification scheme or established by a public authority. Not every logo qualifies automatically.
Claims about an entire business
An environmental advantage limited to one part of a product or one business activity cannot be presented as if it applied to the entire product or business.
Future environmental performance
Forward-looking claims need clear, objective, publicly available and verifiable commitments, a realistic implementation plan, measurable time-bound targets and the required independent checks.
Legal requirements presented as a benefit
An EU requirement applying to every product in a category must not be marketed as a distinctive feature of a particular trader’s offer.
What about products and packaging made before September 2026?
In June 2026, EU consumer-protection authorities agreed common principles concerning old-stock situations. They may involve products or packaging carrying claims that were manufactured, ordered or distributed before 27 September 2026.
Seven practical implementation steps
Review websites, product listings, packaging, ads, social posts and sales materials.
Distinguish generic vs specific statements, product vs business claims, labels, future promises and offset-based claims.
Review the EU changes and the current national implementing law; check other sector-specific regulations separately.
Make sure data are current, credible and truly cover the product, characteristic or activity being promoted.
Remove prohibited messages, refine permissible claims and put necessary qualifications in a prominent position.
Keep records of existing stock, orders, corrective actions, practical constraints and decisions.
Coordinate marketing, sustainability, legal and sales teams before publication.
Frequent questions about EmpCo 2026
Do the rules apply from 27 September 2026?
Yes. National implementing measures apply from that date. In Germany the relevant rules are in the UWG.
Is every sustainability statement prohibited?
No. The assessment depends on the type, scope, accuracy and evidence for a claim. Certain practices are specifically prohibited in all circumstances.
Does every claim require third-party certification?
No. Specific rules apply to sustainability labels. Not every specific environmental claim is automatically subject to third-party certification, although all claims must meet applicable legal standards.
Can businesses keep selling goods made before September 2026?
There is no blanket automatic exemption. EU authorities have adopted principles for proportionate handling of genuine old-stock cases. Businesses must take timely and reasonable corrective action.
More BuVNK guidance
Official legal sources and practical explanations
Understand EmpCo and communicate responsibly
Questions about green marketing, internal review processes or stakeholder exchange? Get in touch with BuVNK.