On 27 September 2026, new EU rules on environmental and climate claims will take effect. The Empowering Consumers for the Green Transition Directive (Directive (EU) 2024/825, commonly referred to as ECGT or EmpCo) introduces stricter requirements for how businesses communicate environmental performance and prohibits several common marketing practices.
Whether you are in marketing, sustainability, or management, now is the time to review your climate messaging if you have not already done so. The implementation of the ECGT can, directly or indirectly, affect all businesses that make environmental claims. While the directive primarily addresses business-to-consumer (“B2C”) practices, its requirements may also influence how misleading advertising is assessed in a business-to-business (“B2B”) context.
Not all of this is new. Misuse of green or environmental claims has already been considered misleading in previous case law, but the new rules clarify the scope of the restrictions and make the limits easier to identify.
In practice, the new rules require businesses to look not only at what is explicitly stated, but also at the overall impression created by words, labels, images and symbols. The key question is whether an average consumer could understand the claim as saying something about the product’s or business’s environmental performance, and whether that impression can be substantiated.
Key Provisions
1. You can’t use generic environmental claims without having the facts to back it up
Terms such as "eco-friendly," "green," "climate friendly," "sustainable," "biodegradable," "natural," or "environmentally friendly" are prohibited when used without substantiation. A generic environmental claim may only be used if the trader can demonstrate recognized environmental performance relevant to the claim, for example through an official certification scheme such as the EU Ecolabel.
2. The impression of symbols or logos must be considered
Brand names, product names, symbols and logos can be considered environmental claims if they create an environmental impression on their own. Businesses should therefore assess not only the words used in marketing, but also the overall impression created by visual elements and branding.
3. Ban on unsubstantiated “carbon neutrality” claims or future commitments
Product-level claims of "carbon neutral," "climate neutral," or "carbon positive" based on greenhouse gas offsetting are blacklisted and prohibited under all circumstances. Claims of neutral or reduced climate impact must reflect verified actual emission reductions. Future net-zero commitments should only be used if they have a detailed, independently checked plan with clear and measurable targets and deadlines.
4. Restrictions on sustainability labels
Sustainability labels created by the brand itself, without independent third-party verification, are banned. Only labels based on official certification schemes or those established by public authorities may be used.
Call to action!
We recommend that you, sooner rather than later:
- Go through your environmental claims across packaging, websites, social media, catalogues, and marketing materials.
- Match your claim(s) to evidence. Where substantiation is missing, the claim must be proved by evidence or be removed.
- Set up internal guidelines moving forward across legal, marketing, and product teams to prevent future non-compliant claims.
If you need assistance with this, we are here to help!
Our team can assist with setting up a communication strategy, reviewing current and future marketing materials, and providing hands-on advice on how your business can communicate its environmental efforts in a compliant and credible way.
If you need help or are unsure whether your business is affected, please contact My Janse at my.janse@synch.law.
