Would your current environmental claims stand up to an EmpCo review today? From 27 September 2026, the EmpCo Directive and Germany's amended Act against Unfair Competition (UWG) introduce new requirements for environmental claims, sustainability labels and statements about future environmental performance. Businesses should not just be reviewing new campaigns, either: existing packaging, websites, product names and older social media posts may all be affected. By systematically reviewing existing environmental claims at an early stage, correcting what needs correcting, and grounding sustainability communications on solid data, companies can reduce legal and reputational risks — while strengthening their credibility at the same time.
Directive (EU) 2024/825 — commonly known as the EmpCo Directive, short for "Empowering Consumers for the Green Transition" — is designed to help consumers make more informed choices as part of the green transition. Its focus is twofold: better protection against unfair commercial practices, and better access to reliable information to support more sustainable purchasing decisions.
Germany is implementing EmpCo's competition-law requirements through an amendment to the Act against Unfair Competition (UWG). The amendment to the UWG was promulgated in February 2026, and the changes relevant to sustainability communication take effect on 27 September 2026.
Among other things, the new rules introduce legal definitions for:The UWG also sets out specific requirements for claims about future environmental performance, along with a new "blacklist" of business practices that are unlawful in all circumstances, set out in the Annex to Section 3(3) UWG.
The new EmpCo requirements are aimed primarily at commercial communication directed at consumers. Purely B2B communication generally falls outside the scope of the underlying directive, according to the European Commission's own assessment. That said, EmpCo can still become relevant in a B2B context — specifically whenever information gets reused further down the chain and is thus eventually incorporated in communication with end consumers. A common example: a retailer uses information from a manufacturer's product description, including environmental claims, sustainability labels or imagery, for use in an online shop, product catalogue or at the point of sale.
Whether a specific communication falls under the new requirements therefore does not depend solely on a company's business model. What matters is how the claim is used, and towards whom.
For an internal assessment, one thing matters above all else: Does a statement appear as part of commercial communication aimed at EU consumers? If the answer is yes, it is essential to take a closer look and, if necessary, refine it in line with the new requirements.
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Under EmpCo, the definition of "environmental claim" in the UWG is being sharpened and made consistent — and is no longer limited to traditional advertising slogans or text elements.
Under the new definition, an environmental claim can also be conveyed through images, graphics, symbols, labels, or brand, company or product names — provided that, in the context of commercial communication, they explicitly or implicitly create the impression that a product, service or company has a positive or neutral impact on the environment, is less harmful to the environment than other products, services or companies, or has improved its environmental performance over time.
This shifts the focus to the overall impression a piece of communication creates: claims should therefore not be assessed based on their wording alone, but always in the context of their overall verbal and visual presentation.
The following deserve particular attention:The next post in our EmpCo blog series — on generic environmental claims — will detail the specific requirements that apply to each type of claim.
The new requirements take effect from 27 September 2026. The European Commission explicitly states that, as of this date, they generally apply to existing products and their commercial communication as well. Neither the directive nor the German amending law provides for any additional sell-through or transition period beyond that date.
Important for companies: packaging already in production, or long-running marketing campaigns, may require adjustments and should be reviewed in a timely manner. As practical interim fixes, the European Commission points to options such as covering or correcting individual claims, or adding supplementary information at the point of sale. Which measure is sufficient in each individual case depends on the specific claim and how it is presented.
In addition to physical products, companies should also systematically include their digital assets in the review. These include, among other things:The decisive factor is whether the communication in question is still being used or made publicly available as of the effective date and constitutes a commercial practice directed at consumers.
At first glance, the requirements set forth in the EmpCo Directive seem to primarily affect marketing. In practice, however, the foundations for robust sustainability communication are laid much earlier — across a wide variety of business areas:
Product data typically comes from development, procurement, or quality management; emissions figures are calculated by sustainability management or dedicated projects; while future targets sit with strategy, investment planning and operational teams.
A last-minute check of the wording, right before publication, is therefore often insufficient. Rather, the statement, the reference object and the technical evidence need to line up — which requires early coordination between marketing, sustainability, product, quality management and compliance. That cross-functional collaboration ensures that no claims are used that may be appealing from a communication perspective but are not sufficiently supported by the available data or the underlying system boundaries.
With the new rules taking effect on 27 September 2026, now is the time to put your sustainability communication under the microscope. The sooner you review your claims systematically, the easier it will be to plan and implement any necessary changes.
A prioritised inventory is a good place to start. Begin with claims thatIn the next article in our EmpCo series, we will take a closer look at a proven, structured approach to assessing environmental claims and identifying the key steps towards well-founded sustainability communication.
Robust sustainability communication needs a robust evidence base. That is exactly what we help businesses build — systematically collecting and evaluating relevant sustainability data, developing a sound evidence base for defensible environmental claims, and embedding the results in their operational processes.
In addition, the accredited verification body offers the verification of greenhouse gas inventories and transition plans in accordance with internationally recognised standards.
➔ Want to put your sustainability claims on a firmer footing, or have your existing evidence independently verified? Get in touch — together we will develop a suitable starting point for your company.
Sources and further information
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According to the European Commission's FAQs, a mandatory sustainability report
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