EmpCo Directive: what applies to environmental claims now and how to avoid greenwashing risks

“Eco-friendly”, “climate neutral”, “sustainably packaged”: for a long time such claims appeared on packaging, websites and in advertising, often without it being clear what they were based on. With the EmpCo Directive (EU) 2024/825, the EU has put a stop to that. The new rules have applied in Germany since 27 September 2026. This article explains what the directive prohibits, what remains allowed, what it means for packaging in particular and how to set up your claims so that they hold up under scrutiny.

Legal basis

Directive (EU) 2024/825 (EmpCo)

Transposition in Germany

Third act amending the UWG

Applies since

27 September 2026

Covers

Packaging, website, online shop, social media, advertising

What the EmpCo Directive is

EmpCo stands for “Empowering Consumers for the Green Transition”. The directive amends the existing EU rules against unfair commercial practices and misleading advertising. It does not target a specific industry but every company that advertises environmental or sustainability characteristics to consumers. In Germany it was transposed through an amendment to the Act against Unfair Competition (UWG).

The idea is simple: if you advertise an environmental characteristic, you have to be able to substantiate it, and the claim has to be specific enough for consumers to understand and check it. General promises that sound good but say nothing measurable are no longer allowed.

1. March 2024

   Entry into force

   The EmpCo Directive (EU) 2024/825 enters into force at EU level.

2. 27 Mar 2026

   Transposition deadline

   Member States must have transposed the directive into national law.

3. 27 Sep 2026

   Application

   The new rules against misleading environmental claims apply in trade.

4. Until 2028

   Existing stock

   A time-limited transitional rule applies to goods placed on the market before the cut-off date.

What is prohibited and what remains allowed

The directive extends the list of commercial practices that are always considered unfair, without the need to prove misleading effect in the individual case. The key points for communication:

What it means for packaging

Packaging is one of the most common places for environmental claims. This is exactly where EmpCo and the EU Packaging and Packaging Waste Regulation (PPWR) meet: the PPWR defines when packaging is recyclable and how much recycled content it must contain. The EmpCo Directive governs how you may talk about it.

• “Recyclable”: the claim should rest on a traceable assessment and make clear whether it applies to the whole packaging or only to individual parts.
• “Made from recycled material”: state the share and relate it to the right component. The evidence comes from the same supplier data as your PPWR documentation.
• “Plastic-free” or “less plastic”: the claim must be true for the entire packaging or be clearly limited, and a comparison needs a traceable reference.
• Own symbols: green leaves, globes or self-designed recycling logos can be read as labels. Without certification they are risky.
• Obligations as an advantage: advertising a characteristic that is required by law anyway, such as compliance with substance limits, presents an obligation as a special feature.

Who enforces breaches

In Germany, breaches of the UWG are mainly pursued under civil law. Competitors, trade associations and consumer organisations can send cease-and-desist letters and sue for injunctions. In practice that means redesigned packaging, withdrawn advertising material, contractual penalties and legal costs. With printed packaging in particular, a later correction is expensive because stock has to be destroyed or relabelled.

How to proceed

• Collect claims: gather all environmental claims on packaging, labels, website, online shop, social media and in advertising.
• Assess: is the claim specific? Does it refer to the whole product or a part? Is there evidence?
• Secure evidence: file the proof for each claim, such as supplier data on recycled content or material, test reports or certificates.
• Check labels: keep only labels from recognised schemes. Replace or remove your own logos.
• Rephrase: replace generic claims with specific ones, for example “packaging made from 80% recycled paper” instead of “eco-friendly packaging”.
• Keep it current: if material or supplier changes, the claim has to be checked again.