Goods already placed on the market before the cut-off
Proportionate, case-by-case enforcement may be relevant. This does not make a prohibited claim lawful or grant automatic sell-through.
BuVNK · EmpCo · Existing stock & packaging · Updated 14 October 2026
EmpCo 2026: Old Stock and Transition Arrangements
Pre-printed packaging, goods already in circulation and legacy green claims: what must companies change since 27 September 2026, and where may proportionate enforcement apply?
Applies since 27 Sep 2026No blanket sell-through rightEU CPC old-stock guidance
Important: The new environmental marketing rules have applied since 27 September 2026, including marketing for existing goods. The CPC common understanding allows proportionate, case-specific enforcement for genuine old-stock difficulties but does not grant an automatic sell-through period. A German proposal to add a specific §15b UWG proportionality test was adopted by the Bundestag on 24 September; its final official promulgation remained unverified in the official consolidated text checked for this page. Verify the latest law. General information, not legal advice.
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What counts as EmpCo old stock?
Old stock situations involve products or packaging displaying environmental claims or sustainability labels that were manufactured, ordered, distributed or put on shelves before the rules became applicable. For the proposed German legal balancing test, whether goods were actually placed on the market before the cut-off date requires individual verification; merely being printed or ordered is not necessarily sufficient.
Goods produced earlier but first marketed later
Production date alone offers no automatic protection. Review marketing claims before release or distribution.
Websites, ads and social channels
Update online environmental claims separately. Existing physical stock does not justify leaving non-compliant digital claims online.
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How European consumer authorities approach old stock
In June 2026, EU Consumer Protection Cooperation (CPC) authorities set out common principles for proportionate enforcement in genuine transitional situations. They do not suspend the new prohibitions.
Act early and in good faith
Record corrective actions, decisions and a realistic implementation schedule.
Document supply-chain constraints
Keep stock volumes, batch history, shelf life, purchase orders and delivery evidence.
Consider practical alternatives
Review stickers, point-of-sale corrections, online updates and changes to subsequent packaging print runs.
Avoid excessive harm
Enforcers may account for exceptional costs and environmental harm from disposing of goods in individual cases.
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Germany: What about the proposed §15b UWG?
On 24 September 2026, the Bundestag adopted a planned, time-limited proportionality assessment for certain injunction claims concerning goods placed on the market before 27 September 2026, intended to run until September 2028. It does not defer EmpCo obligations. As of this page’s 14 October 2026 source review, final promulgation could not be verified in the retrieved official consolidated UWG. Verify the enacted wording and effective status before relying on it.
Check the official statute for subsequent changes before relying on §15b UWG.
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Typical situations and next actions
| Old packaging bearing an unlawful sustainability label | Review label display and potential corrective stickers, plus document decisions. |
| Legacy “climate-neutral” product claim online | Review and change online claims promptly; old stock does not exempt digital marketing. |
| New product run in October 2026 | Do not assume old-stock treatment; review all packaging claims before sign-off. |
| Long-lived stock already held by retailers | Keep placement dates, batch records, corrections and proportionality considerations. |
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Eight practical steps for stock and communications teams
01
Map stock
Record SKUs, packaging versions, batches, volumes, locations and supply-chain status.
02
Secure cut-off evidence
Document manufacture, dispatch, delivery and first market-placement dates.
03
Catalogue sustainability claims
Review claims, logos, product names, footnotes and the overall consumer impression.
04
Assess legal risk
Prioritise compensation-based product climate claims, broad green statements and unsupported labels.
05
Correct digital channels
Review website, marketplaces, paid ads, social channels and new sales literature promptly.
06
Plan physical remedies
Consider over-labelling, point-of-sale clarification and future artwork revisions with proportionality in mind.
07
Record decisions
Retain approvals, evidence, owners, reasoning and completion dates.
08
Recheck legal developments
Verify official promulgation, Commission guidance and enforcement practice before deciding individual cases.
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Frequently asked questions about EmpCo old stock
Can old products simply be sold until September 2028?
No. There is no blanket EU-wide or German two-year sell-through permission. The discussion concerns proportionate enforcement of particular claims for genuine old stock.
Is packaging printed before September automatically protected?
No. Printing and production dates alone do not necessarily satisfy the relevant market-placement condition.
Do I need to update my website and ads?
Yes. Businesses should review and correct ongoing digital environmental claims promptly. Physical old stock does not excuse misleading online advertising.
Must old products be destroyed?
Not necessarily. The CPC guidance specifically encourages proportionate remedies where feasible, including alternatives that avoid unnecessary environmental harm.
Is Germany’s §15b UWG already in force?
A Bundestag decision is documented, but the final promulgation and commencement status must be checked against the latest official law before reliance.
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Related EmpCo and BuVNK guides
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Official sources and legal status
Directive (EU) 2024/825 – official text ↗eur-lex.europa.euEuropean Commission – EmpCo and September 2026 Q&A ↗commission.europa.euEuropean Commission – CPC approach to old stock ↗commission.europa.euGerman Act Against Unfair Competition (UWG) – official text ↗www.gesetze-im-internet.deCologne Chamber of Commerce – old-stock legislative development ↗www.ihk.de
BuVNK · EmpCo
Organise old-stock claims and evidence
BuVNK offers practical orientation for verifiable sustainability communications and documented internal review processes.