What types of communication are covered by the EmpCo Directive (UCPD/CRD), and which are not?

The EmpCo Directive applies exclusively to B2C communication, i.e., advertising and commercial practices directed at end consumers. This includes, in particular, advertisements, product packaging, online product information, and other consumer advertising. Traditional CSR or sustainability reports are primarily aimed at investors and generally do not fall under the UCPD. However, if content from such reports is voluntarily used in consumer-oriented advertising, the EmpCo requirements apply. B2B communication generally falls outside the scope of the UCPD but may be indirectly covered if it is also directed at consumers.

What does the term “environmental claim” mean, and what does “imply” mean?“?

An environmental claim is any statement or representation that explicitly or implicitly suggests that a product, brand, or company has a positive impact on the environment, no impact at all, or is less harmful. The decisive factor is the overall impression from the perspective of the average consumer. Environmental claims can also be made implicitly, for example through images, symbols, color schemes, or environmentally related product or brand names.

When are general statements about the environment prohibited?

General environmental claims are prohibited unless accompanied by equally clear and specific explanations. Terms such as “environmentally friendly,” “climate-friendly,” “carbon-neutral,” or “ecological” are considered impermissible without concrete specifications. An exception applies only if a recognized outstanding environmental achievement can be demonstrated.

Can packaging design featuring leaves or water droplets be seen as an environmental statement or a symbol of sustainability?

Yes. Visual elements such as leaves, water droplets, or recycling symbols can imply environmental benefits. What matters is the overall design from the perspective of the average consumer. Even purely aesthetic design can fall within the scope of the EmpCo Directive if it suggests environmental or social characteristics.

Which climate neutrality claims are permitted, and which are prohibited?

Broad terms such as “climate-neutral” or “carbon-offset” are generally prohibited if they are based solely on offsetting measures. In particular, statements that suggest products are climate-neutral solely through offsetting are not permitted. Transparent information about climate protection projects is permitted, provided that a clear distinction is made between actual emissions and voluntary investments.

How is recognized environmental excellence demonstrated?

Such evidence may take the form of the EU Ecolabel, national or regional Type I ecolabels in accordance with ISO 14024, or compliance with specific EU regulations, such as the highest energy efficiency class. The evidence must directly correspond to the claimed environmental benefit.

What criteria apply to sustainability labels?

Sustainability labels may only be used if they are established by government agencies or are based on a certified, transparent, and independently audited certification system. Among other things, the system must provide for independent third-party audits, transparent criteria, and an effective system of sanctions.

What social criteria are covered by the EmpCo Directive?

Social criteria include, among other things, working conditions, human rights, equality, diversity, animal welfare, and fair wages. These claims are subject to the same verification and transparency requirements as environmental claims.

What is considered an irrelevant benefit in advertising?

An advertised benefit is irrelevant if it does not reflect a specific characteristic of the product. One example is advertising “gluten-free water.” Such claims are considered misleading if they merely highlight legal requirements that are already a given.

EmpCo & Green Claims

Q: Are terms such as “Eco,” “Green,” or “climate-neutral” permitted in brand or product names?

Brand and product names are not exempt from the EmpCo guidelines. Terms such as “Green,” “Eco,” or “Climate Neutral” may be interpreted as environmental claims if they suggest environmental benefits. Trademark registration does not protect against claims under competition law. Such names must either be clearly specified, backed by a valid sustainability label, or verifiable through recognized outstanding environmental performance..

EU directive on sustainability advertising

EmpCo Directive (EU) 2024/825 – what is it about?

With the Empowering Consumers Directive (Directive (EU) 2024/825, hereinafter: EmpCo Directive), the European Union aims to better protect consumers against misleading environmental and sustainability claims. The Directive tightens the requirements for so-called green claims and, in particular, amends the Unfair Commercial Practices Directive, which is implemented in Germany by the Act Against Unfair Competition (UWG).

Below you will find an overview of the new legal requirements for environmental advertising, deadlines, and the resulting compliance needs for companies. These notes do not, of course, replace legal advice and do not claim to be exhaustive. We will be happy to assist you personally with any questions you may have in this context!

Content

Your contacts

Dr. Sebastian Engels

Attorney at Law

Dr. Julian Wernicke

LL.M. (Cape Town), Attorney at Law

The reform, in a nutshell

EmpCo Directive (EU) 2024/825 – overview of the new legal requirements

New rules for sustainability communication, labels, climate claims, as well as durability and reparability

The EmpCo Directive significantly tightens the requirements for consumer communication regarding environment, climate, sustainability, durability, and reparability.
At the core of the reform is a combination of

new definitions,
expanded concepts of misleading practices and
additional per se prohibitions (“black list”), where a case-by-case assessment is no longer required.

For companies, this means: statements must be more precise, verifiable, and carefully limited in their scope; at the same time, certain advertising practices will generally be prohibited in the future.

Here is an overview of the new rules:

1. Environmental claims: What will be considered an environmental claim in the future

New and central is the broad definition of an environmental claim. It covers not only classic text claims, but also representations through images, graphic elements, symbols, as well as designations (e.g., product or brand names), insofar as they assert or suggest a positive, neutral, or over time improved environmental impact. The assessment is based on the overall presentation of the communication from the perspective of the targeted consumers.

Examples of environmental claims within the meaning of the new rules include:

“environmentally friendly,” “green,” “climate-friendly,” “CO₂-friendly,” “energy-efficient,” “biodegradable,” “bio-based”
“sustainably produced,” “responsible,” “conscious”
“made with recycled material,” “climate-neutral shipping,” “CO₂-neutral delivery,” “climate-compensated delivery”
nature-related design elements in combination with text (e.g., leaf/water symbolism plus “sustainable”)

Environmental claims will not be generally prohibited in the future. Only generic environmental claims will be prohibited.

2. Generic environmental claims: Prohibited in the absence of recognized excellent environmental performance

One of the most important innovations of the EmpCo Directive is the prohibition of generic environmental claims if no recognized excellent environmental performance can be demonstrated that is relevant to the claim. An environmental claim is considered general in particular if it remains vague and its specification is not clearly and prominently provided on the same medium.

Examples of general environmental claims:

“environmentally friendly,” “environmentally safe,” “green,” “ecological,” “environmentally compatible,” “climate-friendly,” “CO₂-friendly,” “energy-efficient,” “biodegradable,” “bio-based.”

How a generic environmental claim can be turned into a specific claim:

Generic: “climate-friendly packaging.”
Specific: “100% of the energy used to produce this packaging comes from renewable sources.”

It is crucial that the specification appears on the same medium on which the claim is presented (e.g., packaging, online product page, advertising spot) and is clearly recognizable there. Links or QR codes to additional information will no longer be sufficient.

3. Misleading scope of a claim: Prohibition of advertising the “whole” when only partially true

In the future, it will be considered inherently unfair to make an environmental claim about an entire product or the entire business activity if it actually relates only to a specific aspect or applies only to a non-representative part of the activity.

Examples of impermissible overstatements of scope:

“made with recycled material,” if only the packaging consists of recycled material;
“we use only renewable energy,” if relevant locations continue to operate on fossil fuels.

By contrast, a precise, limited statement that transparently reflects the actual scope is permissible, for example:

“packaging consists of 90% recycled PET”;
“our Berlin site sources 100% of its electricity from renewable sources.”

4. Climate neutrality and offsetting: Prohibition of offset-based neutrality claims

Another key focus of the EmpCo Directive is the prohibition of claims stating that a product is neutral, reduced, or positive with regard to greenhouse gas emissions if such claim is based on the offsetting of greenhouse gas emissions. Such claims will in the future be considered generally impermissible because they typically create the impression that the product itself causes no or lower emissions, whereas in reality only offsetting measures outside the value chain are financed.

Typical impermissible formulations (if based on offsetting):

“climate-neutral,” “certified CO₂-neutral,” “CO₂-positive,” “with climate offset,” “climate-friendly,” “with a reduced carbon footprint”;
“climate-neutral shipping,” “CO₂-neutral delivery,” “climate-compensated delivery.”

It remains permissible to provide information about investments in environmental initiatives, provided this does not turn into a neutrality or positivity claim about the product and is not misleading. In practice, this means that the communication must clearly distinguish between actual emission reductions within the lifecycle and external contributions or projects.

5. Forward-looking environmental targets: Requirements for “net zero by …” claims

The EmpCo Directive further tightens the requirements for forward-looking environmental or climate-related commitments, such as “we will be climate-neutral by 2030” or “transition to net zero by …”. Such claims will in the future be challengeable if they are not supported by clear, objective, publicly available, and verifiable commitments and targets, embedded in a detailed and realistic implementation plan. In particular, the following are required:

specific targets and interim targets;
a realistic description of measures;
allocation of resources and funding;
regular independent verification of progress by external experts;
availability of verification results to consumers.

As a result, purely PR-driven commitments without a robust underlying program will be excluded from commercial communication directed at consumers.

6. Sustainability labels: Prohibition of unsubstantiated labels

The Directive also addresses in particular the large number of trust marks and quality labels currently used on the market. In the future, it will generally be impermissible to use sustainability labels that are not based on a certification scheme or are not established by public authorities. A certification scheme must meet minimum requirements as to transparency and credibility, in particular objective monitoring of compliance by an independent third party.

Practical implications:

Own, company-internal “green badges” or self-declared label icons carry a high risk and may be inherently impermissible if they are understood as sustainability labels.
Designs that resemble a label may also fall within this scope, even if no formal “label” was intended.

7. Comparative sustainability advertising: Transparency requirements regarding the comparison method

Where products or services are compared on the basis of environmental, social, or circularity characteristics (e.g., “30% more sustainable than competitors,” “better carbon footprint,” “more repairable than X”), the key information underlying the comparison must be disclosed. This includes in particular:

the comparison method used and the underlying assumptions;
the specific products compared;
the suppliers/sources of the compared products;
measures taken to keep the information up to date.

Without such transparency, the risk increases that the comparison will be considered misleading.

8. Irrelevant benefits: Prohibition of “pseudo-eco” arguments

The EmpCo Directive also covers the promotion of purported advantages that are irrelevant and do not result from an actual product feature or business activity, where this may mislead consumers about the sustainability or societal benefits.

9. Durability, reparability, and premature obsolescence: New information obligations and fairness standards

In addition to regulating environmental claims and sustainability labels, the EmpCo Directive strengthens consumer information and targets practices that undermine sustainable purchasing decisions. Of particular practical importance are the new rules on durability and reparability, which operate both through information obligations and through per se prohibitions.

New information and presentation requirements:

Consumers are to be informed more clearly about statutory warranty rights (harmonized notice).
Where a commercial durability guarantee longer than the statutory warranty is offered, clearer, standardized communication is required (harmonized labeling).
Where an EU-level reparability score is introduced for certain product groups, it is to be made available in the sales context.
Where the manufacturer provides information on the availability of spare parts and repair instructions, such information is also to be made accessible to consumers.

New prohibitions and risks of misleading practices in the area of durability and repair include:

False or unsubstantiated claims regarding durability (e.g., lifespan, resistance to wear) will in the future be particularly risky and may be sanctioned as inherently unfair or misleading.
False or misleading claims regarding reparability (e.g., “easy to repair,” although repair is in fact impossible or economically unreasonable) will be subject to stricter scrutiny.
Practices that push for premature replacement may be considered unfair, in particular where consumers are induced to replace products although this is not technically necessary (e.g., in the case of consumables or updates).).
Information on product characteristics that limit durability (e.g., design limitations, software-based restrictions) must not be concealed if they are material to the purchasing decision.

EmpCo Directive (EU 2024/825)

Status of implementation in Germany & deadlines for companiesn

German legislative process and entry into force

Germany has already transposed the requirements of the EmpCo Directive into national law. In December 2025, the German Bundestag adopted the necessary legislative amendments, in particular through adjustments to the Act Against Unfair Competition (UWG) as well as supplementary provisions in consumer protection law. This means that the formal transposition of the Directive has been completed within the implementation deadline set by the EU (March 2026).

However, the new rules do not apply immediately. For companies, the provisions will only become binding as of September 27, 2026. Until that date, the existing law remains applicable. From the cut-off date onward, courts, authorities, and competition associations will assess environmental and sustainability claims against the new legal standards.

March 2024

Entry into force at the EU level
December 2025

Enforcement in German law
September 27, 2026

Mandatory application by companies

Frequently asked questions

FAQs about the EmpCo Directive (EU 2024/825)

On November 27, 2025, the European Commission published a detailed FAQ document on the EmpCo Directive to facilitate the practical application of the new rules on environmental and social disclosures as well as the new disclosure requirements.

We have reviewed the questions and answers provided by the European Commission in the FAQ document and have summarized and commented on the key points for you:

1. Scope of application – Which communication falls under the EmpCo Directive (UCPD/CRD) and which does not?

The EmpCo Directive complements the existing Unfair Commercial Practices Directive (UCPD) as well as parts of the Consumer Rights Directive (CRD). It applies exclusively to B2C communication, i.e., advertising and commercial practices directed at end consumers. Traditional CSR or sustainability reports (e.g., CSRD reports) are generally addressed to investors and are typically not covered by the UCPD.

Distinctions:

B2C marketing: Advertisements, product packaging, online product information, and other consumer-facing advertising fall under UCPD/EmpCo. The new rules on environmental and social claims, prohibitions of generic claims, etc., apply here.
B2B communication: This largely remains outside the scope of the UCPD.
Mandatory reports (statutorily required sustainability or CSR reports) are primarily intended for investors and are often mandatory. They are generally not subject to the EmpCo rules.
Limitation: If a company voluntarily uses content from such reports in consumer-facing advertising (e.g., “as stated in our sustainability report”), this is considered part of consumer communication. Such statements must then comply with the EmpCo requirements.

It should be noted, however, that B2B communication may often (indirectly) also target consumers and may therefore fall within the scope of the EmpCo Directive. In addition, Member States may extend the rules to the B2B sector outside the harmonized legal framework. In Germany, case law has already prohibited misleading sustainability advertising between businesses under the concept of misleading commercial practices.

2. Definition of “environmental claim” – What does “imply” mean?

Under the EmpCo Directive, an environmental claim is understood as any statement or representation that explicitly or implicitly indicates that a product, a product category, a brand, or a trader has a positive or no impact on the environment, is less harmful to the environment than other products, product categories, brands or traders, or that its environmental impact has improved over time.

The decisive factor is the overall impression from the perspective of the average consumer. This includes not only written statements, but also implicit elements:

images, symbols, color schemes (green colors, leaves, water droplets, etc.);
graphics or pictograms;
brand or product names with an environmental reference (see next question).

Example: The green color of a logo combined with nature imagery may imply that a product is “sustainable” or “climate-neutral.” Even without explicit text, this is perceived by the average consumer as an environmental claim. A purely decorative representation without environmental context is not automatically an impermissible generic environmental claim. The decisive factor is the combination of image and message.

3. Brand and product names – Are “eco,” “green,” etc. off-limits?

Brand and product names are not exempt from the rules of the EmpCo Directive. In particular, trademark registration does not protect against claims under unfair competition law for impermissible environmental advertising. If, for example, a product name or brand contains terms such as “green,” “eco,” “climate-neutral,” etc., thereby suggesting environmental characteristics to consumers, this is considered an environmental claim. The EmpCo rules then apply: the name must either be clearly and prominently specified within the advertising itself, be part of a sustainability label, or be based on recognized excellent environmental performance.

The EmpCo Directive may preclude trademark application or registration. The Commission notes that a misleading trademark application may be refused registration. Registered trademarks may also be removed from the register if they are misleading.
According to the Commission, individual trademarks will generally not be regarded as sustainability labels. However, certification marks are treated differently. These may be perceived as trust marks or quality labels. Their use is then only permissible if they are established by public authorities or are based on a certification scheme.

4. Generic environmental claims – When are statements prohibited?

A generic environmental claim exists where an environmental term appears in advertising material without being explained clearly and specifically on the same medium. Such broad claims are generally prohibited, unless recognized excellent environmental performance can be demonstrated.

Typical generic terms such as “environmentally friendly,” “climate-friendly,” “ecological,” “CO₂-neutral,” “biodegradable,” or similar, without further explanation, will become impermissible because they are too general in isolation.
Specified claims: If such environmental claims are explained in concrete terms, they are no longer considered generic. Example:
- General: “climate-friendly packaging.”
- Specified: “this packaging was produced using 100% renewable electricity.”

It is crucial that the specification (percentages, metrics) is clearly and prominently provided on the same medium (e.g., packaging, website, advertising spot). A reference via QR code to another location will usually not be sufficient.

Exception: If the claim forms part of a sustainability label, it is by definition not considered general. However, the specific requirements applicable to sustainability labels must be observed.

5. Packaging design – Can visual elements such as leaves or water droplets qualify as a generic environmental claim or a sustainability label?

Visual elements may imply environmental benefits, especially when they appear alongside text or a logo. The EmpCo Directive makes it clear that the overall impression of the advertising is decisive:

Example: A green leaf next to the wording “natural” may be perceived by consumers as a voluntary sustainability label.
Practical tip: Review the overall design. Avoid combinations of images and text that suggest the product is “particularly environmentally friendly” if this cannot be substantiated.

6. Climate neutrality claims – What is permitted, what is prohibited?

Generic CO₂ claims are subject to strict regulation: broad terms such as “climate-neutral,” “CO₂-compensated,” “carbon neutral,” or similar are generally prohibited if they are not based on recognized excellent environmental performance. In other words, a product may not describe itself as “climate-neutral” without specific substantiation.

Exception with substantiation: Generic environmental claims are permitted if they are based on recognized excellent environmental performance. For example, the “A+ energy efficiency label” may be used if the requirements of the relevant EU regulation are met.
Further example: If a claim such as “100% CO₂-neutral” is used in advertising, the trader must substantiate the relevant environmental performance. If the supporting documentation (e.g., EU Ecolabel) is lacking, the claim is impermissible.

The EmpCo Directive explicitly prohibits any product advertising that relies on greenhouse gas offsetting as the basis for claims such as “climate neutrality” or “CO₂ reduction.”

Prohibited: “This product is climate-neutral because we have offset CO₂” – such product claims are generally impermissible where they are based on external offsetting. This also applies to formulations such as “climate-neutral shipping,” “CO₂-compensated delivery,” or “with climate offset.” They create the misleading impression that the product itself causes little or no emissions, although only external offsetting has taken place.
Permitted: It remains permissible to provide transparent information about climate protection projects, provided this is not understood as a substitute for actual emission reductions. For example, a company may state: “We finance a wind farm project in Kenya,” without claiming “our product is climate-neutral.” The key is to clearly distinguish between actual emissions within the product lifecycle and any voluntary investments in climate protection.

7. Recognized “excellent environmental performance” – How is it substantiated?

General environmental claims may only be used if they are based on recognized excellent environmental performance. The EmpCo Directive defines this as follows:

Type of substantiation	Legal basis	Examples
EU environmental label	Regulation (EC Nr. 66/2010	Products with EU Ecolabel certification
Type I ecolabels (ISO 14024)	Specific regulations ISO 14024 (national/regional)	Blue Angel, Nordic Swan, Austrian Ecolabel, etc. (with official recognition)
Top performance under EU rules	EU legislation	e.g., highest energy efficiency class (EU energy labeling) or other top environmental performance under EU standards

Important: The substantiation must be relevant to the claimed benefit. According to the European Commission, the EU Ecolabel is intended to promote products with a reduced environmental impact throughout their entire lifecycle. Statements such as “better for the environment,” “environmentally friendly,” “green,” “ecological,” or “environmentally compatible” may therefore be used on products that bear the EU Ecolabel or national or regional ecolabels pursuant to EN ISO 14024 Type I that are officially recognized in the Member States. If such substantiation is lacking, the claim is considered generic and is therefore impermissible.

8. Certification System – What Criteria Must a Sustainability Label Meet?

The EmpCo Directive requires that sustainability labels may only be used if they are established by public authorities or are based on a certification scheme. Such a scheme must, among other things, meet the following criteria:

Requirement	Explanation
Independent third-party verification	An external certification body (e.g., accredited under ISO/IEC 17065) conducts audits.
Publicly accessible	The scheme’s criteria, standards, and procedures are transparently documented.
Independent monitoring & sanctions system	A body independent of the label owner regularly verifies compliance with the requirements, and there is a system of sanctions in place to address violations.
Transparency & credibility	Vergabekriterien klar, Einhaltung durch Dritte kontrolliert, Entscheidungen nachvollziehbar.
Open access	All retailers can participate (no internal association labels); the process is fair and non-discriminatory.
Expert consultation	System requirements were developed in consultation with experts and relevant stakeholders.

Before applying a label, the trader must verify that these conditions are fulfilled. Existing labels (that do not meet these standards) must be adapted by September 27, 2026, or may no longer be used after that date.

Somewhat surprisingly, the Commission clarifies that the system owner and the trader (who applies the sustainability label) may be the same entity, provided that the certification scheme meets the above requirements. It had often been assumed that a certification scheme presupposes a three-party relationship.

9. Social characteristics – What is covered and what applies?

In addition to environmental aspects, the EmpCo Directive also protects against misleading social claims. This includes statements relating to social or human rights aspects of a product or a company. Examples of “social characteristics” include, in particular:

Working conditions: adequate/fair wages, safe working environments, prohibition of child or forced labor;
Social standards: respect for human rights, equality, diversity and inclusion, occupational health and safety, social dialogue;
Animal welfare: species-appropriate husbandry, avoidance of cruel animal testing.

These social claims must likewise not be misleading. They are subject to the same evidentiary and transparency requirements as environmental claims. Traders must be able to substantiate the accuracy of factual statements relating to a commercial practice.

In addition, the definition of a sustainability label explicitly includes social characteristics, meaning that a design perceived as a label is only permissible if it is established by public authorities or is based on a certification scheme.

10. Irrelevant benefits – What is prohibited?

The EmpCo Directive supplements the prohibition of misleading practices: advertising must not promise benefits that are irrelevant to the product. Specifically, a claim is misleading if it emphasizes an advantage that does not reflect an actual feature of the product or the business model. The assessment is based on the overall impression. Two conditions must be met cumulatively: the benefit is irrelevant and it is not based on a product characteristic.

Example: “gluten-free” on a bottle of mineral water would be misleading because water is naturally free of gluten. By contrast, advertising the benefit “high protein” for a particular yogurt brand is relevant, as protein content varies between different yogurts. This is attributable to specific ingredients or formulations that are unique to that brand.

11. Forward-looking environmental commitments (“net zero,” etc.) – Requirements and verification

Future-oriented environmental and climate targets (e.g., “climate-neutral by 2030” or “net zero by 2040”) are permitted only under strict conditions. Such commitments must, from the outset, be supported by a detailed and realistic plan. In particular, the following are required:

Specific targets and milestones: clear, measurable interim and final targets, e.g., annual emission reductions;
Description of measures: explanation of the steps by which the targets will be achieved (e.g., transition to renewable energy, changes to production processes);
Resource planning: allocation of personnel, budget, and timelines for each sub-target;
Independent verification: an external expert must review the plans and regularly assess progress. The expert must be free from conflicts of interest and possess environmental expertise;
Consumer accessibility: verification reports or results must be accessible to consumers.

Note: The EmpCo Directive requires that verifications be carried out “regularly.” It does not specify a fixed interval. Best practices generally recommend annual reviews. In the absence of a robust program and supporting verification, such forward-looking commitments may be considered misleading and therefore impermissible.

12. Comparative advertising – What must be disclosed?

Where companies compare products based on environmental, social, or circularity aspects (e.g., “20% more climate-friendly than competing product X”), they must provide comprehensive information. The trader must disclose all key details of the comparison, including in particular:

Comparison method: how the measurement was carried out (accounting methodology, indicators);
Assumptions and reference values: underlying parameters, data sources, or laboratory tests;
Products and sources compared: which specific competitors and models were compared, where applicable with links or manufacturer information;
Updating: how and how frequently the data are reviewed or newly collected.

The presentation must be sufficiently clear for the average consumer to understand. If such information is missing or unclear, the comparison is considered misleading.

13. Terms such as “bio” / “organic” – Do special rules apply?

For terms that are already governed by specific EU legislation (e.g., organic labeling under Regulation (EU) 2018/848 for food products), the following applies: the sector-specific provisions take precedence over the general EmpCo rules. Specifically:

The EU organic logo and terms such as “bio,” “organic,” and “eco” (for organic products) may continue to be used, as they are authorized under the sector-specific EU organic regulation. Such labeling is therefore not subject to the prohibition of general environmental claims.

14. Labels such as “vegan” / “vegetarian” – Sustainability label or not?

Whether “vegan” or “vegetarian” is considered a sustainability label or an environmental claim depends on the context. The EmpCo definition is broad: a designation may qualify as a sustainability label if it creates associations with environmental or social benefits in the mind of the consumer.

Practical example: A “vegan” label on a cosmetic product may suggest environmental benefits (“cruelty-free,” “reduced CO₂ emissions”). If, in the specific context—through a combination of advertising text or icons—the consumer interprets “vegan” as meaning “better for the planet,” it falls within the scope of the EmpCo Directive. In such cases, the same requirements apply as for other environmental claims.
If, by contrast, “vegan” is used solely in a dietary context (e.g., vegetarian/vegan food products) without any environmental messaging, the EmpCo Directive is generally not implicated.

Ultimately, the decisive factor is the perception of the average consumer: if “vegan” is understood as a socio-environmental label, caution is required.

15. Statutory requirements – When are specific claims permitted or prohibited?

It is prohibited to present generic statutory minimum requirements as a special selling point where they apply to all products within a category.

Prohibited: For example, it is impermissible to advertise cleaning products with statements such as “free from microplastics” where this merely reflects compliance with the requirements of the EU REACH Regulation.
Permitted: Where a regulatory requirement applies only to certain products, reference to it is allowed. For example, drugstore products from non-EU countries are subject to different requirements than EU products. In such cases, a trader may communicate that its EU products meet higher safety standards, in order to avoid competitive distortions. The same applies where national or third-country rules apply only to certain categories of goods.

In short: General obligations that apply to all must not be presented as a special advantage. However, where the rules apply only to competitors (e.g., imported goods), such statements are permissible.

16. Sustainability labels from third countries – Are they also privileged?

The EmpCo Directive grants privileged treatment to sustainability labels only where they are established by “public authorities.” The legislative context suggests that this refers to authorities of EU Member States only.

In order to be used lawfully, sustainability labels from third countries must therefore be based on a certification scheme.

17. Existing stock – What applies to products already on the market?

The new EmpCo rules will apply as of September 27, 2026 to all B2C communication, including existing inventory. Traders have until that date to correct non-compliant claims. Possible measures include, for example:

Corrective labeling: If goods already at the point of sale contain invalid claims, these may be covered or replaced (e.g., by stickers or new price tags).
Point-of-sale information: By providing additional notices or flyers at the shelf containing correct information.
Online updates: Product pages and online shops must be updated before the cut-off date to remove impermissible claims.

National authorities (competition and consumer protection authorities) are expected to apply the principle of proportionality. For example, they may proceed in stages and assess whether traders have made efforts to relabel affected products.

18. Reparability score – Current rules

Through amendments to the Consumer Rights Directive, the EmpCo Directive expands the existing requirements regarding reparability and durability of products. The reparability score is a harmonized metric that reflects how easy a product is to repair.

Legal basis: Under the “Right to Repair” Directive (EU) 2024/1799, traders must disclose the score where an EU requirement exists for the relevant product group (e.g., under energy labeling legislation).
EU requirements: To date, legally mandated reparability scores have been introduced primarily for smartphones and tablets. Since June 20, 2025, new models must carry an energy label including a reparability score. Additional product categories (e.g., washing machines, televisions) are expected to follow.
Obligation for traders: Sellers of such products must provide the reparability score “in a clear and comprehensible manner” prior to contract conclusion. In online shops, this is done via product information; in physical stores, via labels or tags.

19. Ongoing product information – Durability and repair disclosures

In addition, the EmpCo amendments to the Consumer Rights Directive introduce more detailed information obligations regarding durability and repair:

Warranty rights (harmonized notice): Traders must inform consumers, in a standardized manner and prior to contract conclusion, about statutory warranty rights. This information must be displayed at the point of sale (e.g., on a visible poster in-store or, in the case of online sales, as a general notice on the trader’s website).
Guarantee label (harmonized labeling): If manufacturers or traders offer a durability guarantee of more than two years, this must be indicated by a harmonized label. The label must be clearly visible so that consumers can easily identify products that benefit from a commercial durability guarantee. This may be done, for example, directly on the product packaging, on shelf displays, or next to the product image in online sales.
Repair and update information: Traders are required to clearly pass on available information regarding repair options, availability of spare parts, and software updates. Where, for example, the manufacturer provides information on required spare parts or repair instructions, the trader must make this information accessible to consumers (e.g., on the product page or packaging).

Overall, these rules are intended to enable consumers to assess whether a product is durable and easy to repair, thereby supporting more informed purchasing decisions.

20. Open questions

Although the European Commission’s guidance answers many practically relevant questions, certain issues of application remain unresolved. It should also be noted that these answers are not binding on national authorities and courts, but serve only as guidance. In many cases, it will be up to practice and case law to determine how the various new provisions of the EmpCo Directive are to be interpreted and applied.

EmpCo Directive (EU 2024/825)

What compliance actions arise for companies under the new requirements of the EmpCo Directive?

EmpCo compliance in practice: Key action areas for companies

The new rules of the EmpCo Directive do not merely require selective adjustments to individual advertising claims, but rather a structured, company-wide compliance approach. Sustainability, environmental, and durability-related communication must be legally reviewed, internally aligned, and continuously safeguarded.

For robust EmpCo compliance, several key areas of action can be identified:

1. Audit: Systematic review of all claims

Companies should systematically identify and legally review all (consumer-facing) claims. Claims may be made in text, images, or implicitly. This includes, in particular, product and brand names, packaging, labels, shipping information, online representations, point-of-sale materials, and social media content.

Each claim should be analyzed as to:

whether it qualifies as an environmental claim or other sustainability claim;
whether it constitutes a generic environmental claim;
whether it is sufficiently specified; and
whether it can be substantiated in legal and factual terms.

Such an audit typically forms the basis for all further compliance measures.

2. Secure and document substantiation

The EmpCo Directive effectively requires companies to be able to substantiate their claims at the time they are made. Accordingly, supporting evidence should be systematically collected, reviewed, and documented.

This includes in particular:

recognized environmental labels;
life cycle analyses;
testing and audit reports;
scientific studies; and
documentation on certification and control systems.

It is not only important that such evidence exists, but also that it precisely matches the specific claim and is up to date. In practice, a centralized, legally reviewed repository is recommended, accessible in particular to marketing, sales, and compliance teams.

3. Legally validate labels and seals

Trust marks, quality marks, and similar elements in use should be reviewed as to whether they are based on a recognized certification scheme or established by public authorities.

Particular care is required for self-developed symbols, pictograms, or “badges” if they create the impression of an independent certification or quality mark and highlight environmental or social characteristics. Companies should therefore clearly define:

which labels can continue to be used;
which need to be adapted; and
which should be discontinued.

Careful legal review is especially important here, as impermissible sustainability labels may be considered inherently unfair.

4. Plan and substantiate forward-looking claims

Statements regarding future climate neutrality, emission reductions, or transformation (“net zero by …”) must not be based on mere declarations of intent.

Instead, they must be supported by realistic and verifiable implementation plans, including:

measurable interim targets;
concrete measures;
allocated resources; and
regular independent verification of progress.

Companies should therefore assess at an early stage which future-oriented claims they intend to communicate and whether these are actually supported by robust internal planning.

5. Preparing point-of-sale information on durability and reparability

The new requirements strengthen the importance of providing information on durability, reparability, and the availability of spare parts already before the conclusion of the contract.

Companies must ensure that such information is structurally prepared and can be made available to traders or distribution partners so that it can be communicated correctly to consumers.

This applies in particular to products for which:

reparability scores,
durability guarantees, or
other manufacturer information on repair and lifespan

are available.

6. Establish training and internal processes

EmpCo compliance cannot be achieved through one-off reviews. A comprehensive approach is required, involving in particular marketing, product management, procurement, sustainability, legal, and compliance functions.

Employee training is a key element in creating a consistent understanding of permissible and impermissible claims and in preventing issues at an early stage.

In addition, clear internal review, approval, and escalation processes should be implemented for sustainability-related communication.

Supporting legal advice

The implementation of the new requirements is complex, as it combines legal, technical, and communication-related considerations.

We support companies in:

systematically reviewing existing communication;
developing robust checklists;
legally validating labels and forward-looking claims; and
establishing internal processes to ensure ongoing compliance with the EmpCo Directive.

Our focus is on practical solutions that combine legal certainty with operational flexibility.

We look forward to hearing from you!