EmpCo in practice: where you do more than required and how you may say so

Since 27 September 2026, the new rules against greenwashing from the EmpCo Directive (EU) 2024/825 have applied in Germany. Claims such as "eco-friendly" or "climate-friendly" without proof are now prohibited, as are self-made labels and climate neutrality based on offsetting. That does not mean environmental advertising is banned. Companies that demonstrably do more than the law requires may still say so, provided the claim is specific, measurable and substantiated. This article shows how companies can review their environmental claims, where they go beyond legal requirements and how to market that extra performance safely.

Legal basis

Directive (EU) 2024/825 (EmpCo)

Transposition in Germany

Third Act amending the UWG

Applies since

27 September 2026

Affected

packaging, website, online shop, social media, advertising

Newly prohibited

generic claims, own labels, offsetting claims

Also prohibited

presenting legal requirements as a distinctive feature

Still allowed

specific, substantiated claims about genuine extra performance

Transition

only for goods already on the market, until 2028

What has applied since 27 September

Germany transposed the directive through the Third Act amending the Act against Unfair Competition (UWG), promulgated on 19 February 2026. The new rules are found in the definitions (Section 2 UWG), the provisions on misleading practices (Section 5 UWG) and the so-called blacklist in the annex to Section 3(3) UWG. Anything on the blacklist is always prohibited, regardless of whether it misleads in the individual case.

• Sustainability labels that are neither based on a certification scheme with independent verification nor established by public authorities (annex no. 2a).
• Generic environmental claims such as "eco-friendly", "green" or "climate-friendly" where recognised excellent environmental performance cannot be demonstrated (annex no. 4a).
• Environmental claims about the entire product or the entire business when they concern only one aspect (annex no. 4b).
• Claims that a product is climate neutral or has reduced emissions because greenhouse gas emissions are offset (annex no. 4c).
• Presenting legal requirements that apply to all products in the category as a distinctive feature of your own offer (annex no. 10a).
• Future claims such as "climate neutral by 2035" without a publicly available implementation plan with measurable, time-bound targets that is regularly verified by an independent expert (Section 5(3) no. 4).

For an overview of the directive itself, see the article "EmpCo Directive: an end to greenwashing". This article focuses on what companies should actually do now.

Why specific claims work better anyway

The new rules match what consumers actually notice. In a study by the consultancy Simon-Kucher with YouGov from May 2026, 49 percent of respondents recognise sustainable packaging by the smallest possible use of material. Official environmental labels are a key indicator for only 26 percent. Six in ten respondents would pay more for sustainable packaging.

Measurable properties such as less material, a high share of recycled content or good recyclability are therefore not only legally safer than a generic "eco-friendly". They are also what customers use to recognise sustainability. Companies that have invested in such improvements can now stand out from competitors more credibly than before, because the competition's generic promises disappear.

Step 1: Record all environmental claims

The rules apply to every commercial practice towards consumers, not just packaging. The starting point is a complete list of every place where the company makes environmental or sustainability claims:

• Packaging and labels, including outer packaging and retail displays.
• Website, online shop and product descriptions, including the texts retailers and marketplaces take from your product data.
• Social media, newsletters, ads, catalogues and posters.
• Labels, logos and symbols, including those designed in-house.
• Sustainability pages and corporate claims such as "We operate climate neutrally".
• Future targets such as "only recyclable packaging by 2030".

Step 2: Classify each claim

Every recorded claim falls into one of a few groups. That determines whether it can stay, needs to be made more specific or should be dropped.

A generic environmental claim is only allowed where recognised excellent environmental performance has been demonstrated. This mainly means the EU Ecolabel, officially recognised type I ecolabels under EN ISO 14024 such as the Blue Angel, or top performance under other EU law. For most packaging, a specific claim is therefore the simpler route: a generic wording no longer counts as generic if it is clearly specified on the same medium, for example directly on the packaging.

Step 3: Check where you go beyond the legal minimum

This is the real lever. Only what goes beyond what applies to everyone anyway can be advertised as an advantage. For packaging, the EU Packaging and Packaging Waste Regulation (PPWR) sets that minimum. Comparing your packaging data with the PPWR obligations quickly shows where genuine extra performance exists and where it does not.

This is how such extra performance can be worded, provided the statement is true and substantiated:

• Recycled content: "Tray made from 80 % recycled PET from household waste"
• Recycling: "Mono-material: recyclable in Germany via the yellow bin"
• Material: "22 % less plastic than our previous packaging (2025)"
• CO₂: "35 % less CO₂e per pack than in 2023, calculated to ISO 14067"
• Reuse: "Reusable glass: we take it back and refill it"

Step 4: Communicate the extra performance correctly

Once genuine extra performance has been identified, the wording decides whether it is legally safe and convincing. These rules have proven useful:

• Specific, not generic: give a number and a unit, such as percent recycled content or grams of material.
• Clarify the scope: say which part is meant, such as the bottle excluding the cap or the carton excluding the inner bag.
• Disclose comparisons: for "less" and "more", state what you compare with, for example your own previous packaging and the year.
• Name the method: for CO₂ figures, state the calculation basis; for recyclability, the assessment method.
• Make evidence accessible: via a QR code or a product page where data, certificates and the date are available.
• Use recognised labels: instead of your own logo, use a mark from an independently verified certification scheme or a public label.
• Back up targets: make future claims only with a published implementation plan and external verification.
• Keep offsetting separate: you may communicate support for climate projects, but not as the reason the product is climate neutral.

Record evidence once, use it many times

In a dispute, the company must be able to prove that its claim is true. A central register is useful here, recording for each environmental claim: the exact wording, where it is used, which product and component it refers to, what evidence supports it and when it was last reviewed.

For packaging, much of this data already exists. The technical documentation under the PPWR contains information on material, weight, recyclability and recycled content. The same data supports the environmental claim in marketing and the figures in the sustainability report. Maintaining it in one place avoids contradictions between packaging, website and report, and such contradictions are exactly what competitors and consumer associations notice first.

Existing stock and risks

Shortly before the deadline, the legislator added a limited transitional rule in Section 15b UWG. It applies only to goods placed on the market before 27 September 2026, and only until 27 September 2028. An injunction against such goods then requires a balancing of interests, taking into account the severity of the infringement, the effort needed to remedy it and the environmental impact of destroying the goods. There is no transitional period for websites, online shops, social media, catalogues and posters; they have had to comply with the new rules since 27 September. Newly produced packaging is not covered by Section 15b UWG either.

The rules are mainly enforced through warning letters and injunction actions by competitors, trade associations and consumer associations. For widespread infringements pursued in several Member States, Section 19 UWG also provides for fines of up to 4 % of annual turnover.

What companies should do now

• Take stock: record all environmental claims, labels and targets across packaging, website, online shop, social media and sales materials.
• Clean up immediately: remove or specify generic claims, own labels and offsetting claims in all channels that have no transitional period.
• Separate obligation from extra: compare every packaging property with the PPWR requirements and advertise only genuine extra performance as an advantage.
• Word it well: describe extra performance with a number, scope, basis of comparison and method.
• Substantiate: keep evidence in a central register and make it accessible to consumers via QR code or product page.
• Plan for existing stock: decide for packaging in stock whether over-labelling, selling off under Section 15b UWG or replacement makes sense, and document the decision.
• Review regularly: check claims at least once a year and before every PPWR deadline to confirm the extra performance still exceeds the requirement.