Countdown to September 27, 2026: New Rules for Sustainability Claims
There are only a few weeks left until the EmpCo Directive (Empowering Consumers for the Green Transition) takes effect. Starting September 27, 2026, significantly stricter requirements for environmental and sustainability claims in advertising will apply across Europe. The goal is to combat ‘greenwashing’.
What is particularly relevant from an IP and competition law perspective?
Companies should review their advertising claims, brands, and trademarks now:
- Terms such as climate-neutral, environmentally friendly, sustainable, green or eco are facing heightened scrutiny.
- General environmental claims will only be permitted in the future if they can be substantiated with reliable evidence.
- Sustainability labels must be based on recognized certification systems.
- Future-oriented claims (‘climate-neutral by 2040’) require concrete, verifiable implementation plans.
Quick Check
- Do advertisements, packaging, or websites contain environmental claims?
- Are sustainability terms used in brand or product names?
- Are all claims documented and verifiable?
- Are sustainablility labels of approval or certificates used in a legally compliant manner?
Conclusion
With the entry into force of the EmpCo directive, the risks of competition law infringement and regulatory measures are increasing significantly. Now is the right time for a ‘Green Claims Check’ of your advertising, packaging, brand communication, and online presence.
WEICKMANN is happy to assist you with the legal review of your sustainability communication.