The EU's rules on green claims changed on 27 September 2026. These are the answers to the questions we hear most.
1. What is EmpCo, and when does it apply?
EmpCo (or ECGT) is the EU's Empowering Consumers for the Green Transition Directive (full text on EUR-Lex here). It tackles greenwashing by amending EU consumer law, and it has applied since 27 September 2026.
It bans some green claims outright and tightens the rules on misleading claims. Each member state writes the directive into national law, so expect some local variation. National rollout has been uneven, so check the status in each country you sell into.
2. Does EmpCo apply to my business?
If you sell or market to consumers in the EU, yes, regardless of where your company is based. This includes UK brands selling into the EU.
The EU rules cover consumer-facing claims only (including brand or product names), though some countries, including France and Spain, have extended parts of them to B2B.
Mandatory sustainability reports are generally out of scope, but are often a source of truth for a variety of stakeholders, including marketing teams. Reuse a figure from one in an ad, post or on packaging, and it becomes a consumer claim.
3. Which green claims are now banned?
Broad green claims with no explanation alongside them, such as "eco-friendly", "green", "climate friendly", "biodegradable" or "energy efficient". These are prohibited, unless you can show "recognised excellent environmental performance relevant to the claim".
In practice that means holding the EU Ecolabel, an officially recognised national or regional ecolabel, or top performance under other EU law, for example, the Energy Labelling Regulation.
Claiming the whole product is green when only part of it is, or presenting a legal requirement as a selling point, is also banned outright.
4. How do we make a green claim compliant?
Make it specific, based on the evidence. Accurately state the precise environmental benefit on the relevant ad, pack or product page.
The Commission's example: "climate-friendly packaging" is generic, while "100% of energy used to produce this packaging comes from renewable sources" is specific (subject to the context of the case).
If there's no room to explain a claim, you generally shouldn't make it. Bin the buzzwords and instead choose the claim that best addresses your audience's concerns, with clear explanation and excellent evidence.
5. Can we still say our product is carbon neutral?
Not if offsets are what makes it neutral. EmpCo bans "Claiming, based on the offsetting of greenhouse gas emissions, that a product has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions."
You can still talk about carbon credits you buy, as long as you present them as funding for or investments in projects outside your value chain. Product claims about carbon footprints based on real reductions in the product's own value chain, based on the actual lifecycle impact of the product, are still possible.
6. Can we still make net zero claims as a business?
Yes, net zero and climate neutrality ambitions are possible, but only if you can demonstrate how they’re actually possible to achieve. Future claims need a detailed and credible public implementation plan with measurable, time-bound targets and allocated resources.
A competent independent expert must check progress regularly, and their findings must be available to consumers (a QR code or link to the plan is acceptable). While regularity of review is not officially defined, the Commission suggests a check every year or two by a consultancy (get in touch via hello@everoop.agency if you need support setting or verifying your future-facing claims).
7. Which sustainability labels can we still use?
Only labels set up by a public authority or based on a certification scheme. A qualifying scheme has public criteria, is open to any business that meets them, and is checked by an independent third party.
For example, the B Corp certification process has undergone a significant overhaul to comply with the new EU expectations.
Self-awarded badges that fail this test are banned, while labels covering social claims, such as fair wages or animal welfare, follow the same rules.
8. Do images, colours and brand names count as claims?
Yes, so brief your designers as well as your copywriters. Leaves, earth imagery and green colours may imply an environmental benefit depending on context and presentation. Paired with words, or placed beside a logo, they may become a generic claim or an unlawful label.
Brand and product names containing words like "eco" or "green" are judged case by case, and a registered trade mark gives no protection.
9. What happens to stock already on shelves?
The rules apply from 27 September 2026, with no exemption for existing products. The Commission suggests stickering over non-compliant claims or adding clear information at the point of sale.
Enforcers can take reasonable, proportionate efforts to comply into account, including the cost and environmental harm of destroying usable stock. Read the full “Common understanding on old stock situations” for more information.
10. What are the penalties for getting it wrong?
Penalties are set nationally. For cross-border cases, maximum fines must reach at least 4% of annual turnover in the countries concerned. Consumer groups, NGOs and competitors can also bring claims.
Detection is getting easier, with regulators now scanning ads using AI. If AI wrote the claim, you are still liable, so have a knowledgeable person sign off every claim.
Read more about how AI will impact green claims, and how the EU directive differs from UK guidance, in our article “Green claims meet AI’s growing pains”.
Last updated: 12 October 2026. General guidance only, not legal advice.
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