Starting September 27, 2026, the new requirements of the EmpCo Directive (EU) 2024/825 (“Empowering Consumers for the Green Transition”) will take effect in Germany to empower consumers for the green transition. German case law already applies a strict standard to environmental advertising. With the EmpCo Directive, the requirements have now been tightened and clarified—these stricter criteria for sustainability labels have been incorporated into Germany’s Unfair Competition Act (UWG). Goal: To better protect consumers from greenwashing and ensure greater transparency in environmental and sustainability claims.
For companies, this means that many advertising claims that previously fell into a gray area will come under much closer scrutiny from competitors, consumer advocacy groups, and the courts in the future. Claims such as
- “environmentally friendly”
- “sustainable”
- “climate-neutral”
- “bio-based”
In the future, they will only be legally valid if they can be clearly, transparently, and robustly substantiated. General or ambiguous environmental claims without a sufficient basis are among the main targets of the new regulations.
Now more than ever, the real challenge lies in communicating sustainability in a legally sound manner. Companies should review their green claims strategy now—rather than waiting until the end of September 2026—by
- Review Environmental and Sustainability Statements
- Review advertising materials, packaging, and websites for blanket “green” claims
- Systematically compile evidence and documentation to support environmental commitments
- Review sustainability labels and certifications from a legal perspective
- Involve the marketing, compliance, and legal departments early on.
Our Competition & Sales Expert Team is happy to answer any questions you may have!