Greenwashing: When Your Advertising Claim Suddenly Falls Under the EmpCo Directive
"Climate-neutral", "environmentally friendly", "sustainable" – from 27 September 2026, such claims will no longer be allowed without evidence. Directive (EU) 2024/825 (the "EmpCo Directive", short for "Empowering Consumers for the Green Transition") tightens unfair-competition law. In practice, environmental claims and sustainability labels directed at consumers must in future be substantiated, specific and verified.
Like any EU directive, EmpCo must be transposed into national law by each member state individually. In Austria, this happens via an amendment to the Unfair Competition Act (UWG, BGBl. I No. 58/2026), promulgated on 28 July 2026. Germany has already updated its own UWG accordingly. In every case, the national law of your own market governs.
Practically every consumer-facing business is affected. Packaging text, website claims, product names and quality labels all fall within scope, as do claims about future climate targets. Particularly strict is a dedicated list of "blacklisted" practices – such as climate neutrality based on carbon offsetting or labels without a genuine certification scheme. These practices are prohibited outright from the application date, and there is no need to prove misleadingness in the individual case.
Five EmpCo Directive Takeaways From Our Advisory Practice
Binding Obligations – Legal Compliance
The EmpCo/UWG amendment belongs in the legal register as a new product-related obligation with concrete deadlines. In other words, it is not just a marketing topic, but a compliance obligation. The new rules apply EU-wide uniformly from 27 September 2026.
Broader Scope Than Expected – Risk Management
Beyond classic environmental claims such as carbon offsetting without a genuine programme, the Directive also covers claims with a social dimension, according to WKO – think fair labour conditions, human rights, or "sustainable employer" branding. Both categories can be built directly into your risk assessment.
Evidence Before Publication – Document Management
Evidence for every environmental claim must be in place before publication. According to WKO, it must also sit directly on the same medium as the claim itself – a bare link or QR code is not sufficient.
Climate Targets With an Implementation Plan – Objectives Management
Claims about future climate targets require a detailed, externally verified implementation plan with measurable milestones. This maps directly onto the ISO 14001 system of environmental objectives and programmes.
Genuine Certification Schemes – Supplier & Certification Management
Labels used must be backed by a genuine certification scheme. Supplier declarations and lifecycle data then become the evidence base for permissible, specific claims.
Deadline 27 September 2026 – no grace period for services: From this date, the new rules apply EU-wide uniformly – generally including for goods already manufactured and existing stock. According to WKO, the three-year transition rule explicitly does not apply to services or advertising for them. No dedicated transition period is provided for website and social media claims either. Coordinated breaches can trigger fines of up to 4% of annual turnover in the member state concerned, on top of cease-and-desist letters and injunctions.
Retailers are also liable for environmental claims they take over from manufacturers. A contractual indemnity does not replace their own duty to check.
Here too it's worth looking at ISO 14001. Organisations already running a certified environmental management system, after all, have the right structure to document evidence for environmental claims properly. More on this in our post on the new ISO 14001:2026 and the related Microplastics Regulation (REACH). The PPWR on packaging covers similar ground too. The new EU AI Act makes the same point in a new field: organisations that already embed evidence and documentation duties in their management system find new regulations much easier to handle.
Whether action is needed depends on the specific environmental claims and labels used in your marketing. Sennefer Consulting is happy to help you assess this and document it properly.
This article was created with AI assistance.