Empowering Consumers Directive 2026: Green Claims

In Digital Law 2026, Dr. Sebastian Engels and Dr. Julian Wernicke, both attorneys at law at BOEHMERT & BOEHMERT’s Berlin office, examine the impact of the new EU Empowering Consumers Directive (Directive (EU) 2024/825) on sustainability claims and environmental advertising.
In their German-language article “Umweltwerbung wird auch zukünftig möglich sein” (environmental advertising will remain permissible) the authors analyze the tightened requirements for so‑called green claims and explain under which conditions companies will continue to be allowed to advertise with environmental and sustainability‑related statements. The background is the amendment of the Unfair Commercial Practices Directive, which will apply in Germany from the end of September 2026.

Non‑traditional environmental claims under increasing regulatory scrutiny

The analysis begins with the future ban on general and unsubstantiated environmental claims. Common terms such as “environmentally friendly,” “climate‑neutral,” or “sustainably produced” will face stricter requirements. Such claims will only be permitted if they are clearly specified, verifiable, and transparent. Alternatively, they must be supported by recognized sustainability labels.
Dr. Engels and Dr. Wernicke point out that vague or sweeping environmental statements without appropriate substantiation will carry a significantly increased risk of challenges under unfair competition law. The same applies to environmental targets presented merely as future aspirations, unless they are supported by a concrete, realistic, and independently verifiable implementation plan.

Green claims, sustainability labels and information obligations for companies

A further focus of the article is the growing importance of transparency and proof. In the future, companies will need to substantiate individual environmental attributes more carefully. They must also clearly indicate which part of a product or value chain a claim refers to.
The authors emphasize that greater care will also be required when using sustainability labels. In addition to officially recognized public labels, only certifications that meet strict standards regarding independence, transparency, and oversight will be permissible. Many labels currently used in practice are unlikely to meet these requirements under the new rules.
Sebastian Engels and Julian Wernicke also highlight expanded information obligations. These include requirements relating to durability, reparability, and product longevity. Such factors are increasingly important for sustainable purchasing decisions. They will therefore face closer legal scrutiny in the future.

The German‑language article “Environmental advertising will remain permissible” by Dr. Sebastian Engels and Dr. Julian Wernicke was published in the Digital Law 2026 special supplement by SMART Media. It was distributed with the Handelsblatt and appears on page 16. The article is available as a PDF and can also be accessed online on the SMART Media website.