The EmpCo Directive aims at prohibiting misleading environmental and sustainability claims. It is also known as the Empowering Consumers for the Green Transition Directive (Directive (EU) 2024/825). The Directive supplements existing European consumer protection rules against greenwashing and expands and specifies the requirements for marketing and product communication when sustainability advertising is used. The German legislator has now transposed the requirements into national law. Following this, stricter advertising rules apply in Germany. For certain cases, however, a temporary reliance on a de facto sell-off period (Aufbrauchfrist) may be considered. 

The EmpCo Directive already entered into force in March 2024, but provides for long transposition periods. As of 27 September 2026, the requirements have been transposed into national rules in Germany by the Third Act Amending the Act against Unfair Competition (UWG). On the basis of the new requirements, consumers are to be able to make informed purchasing decisions regarding the ecological impact, but also the durability and repairability of products, and thus to contribute to more sustainable consumption.

The EmpCo Directive prohibits certain environmental claims

The new rules have several thrusts, which result above all from the new § 2 paras. 2/3 UWG:

• First, the requirements contain a prohibition of general, unsubstantiated environmental claims. Claims such as “climate-friendly”, “sustainable”, “recyclable” or “environmentally friendly” may fall under this. By contrast, specific statements with an environmental reference remain permissible, provided they are directly explained and can be validated by consumers. Finally, companies may also advertise with environmental claims relating to the future if these are based on a verifiable plan (example: a company plans concrete environmental protection measures on the basis of its revenues).

• Companies may continue to rely on verified third-party sustainability labels, and to do so without further explanation. The background in these cases is that the underlying standard is verifiable.

• Furthermore, references to so-called “recognised excellent environmental performance” remain permissible. This includes, for example, statements under Regulation (EC) No. 66/2010 (EU Ecolabel) or national or regional environmental labelling schemes (in Germany, e.g., under DIN EN ISO 14024 Type I).

The new UWG requirements apply from 27 September 2026 and affect all sectors, all types of advertising and companies of every size. However, goods already on the market when the rules enter into force that carry now-prohibited environmental advertising are, until 27 September 2028, to be destroyed only if the environmental claims on them constitute a serious infringement (§ 15b UWG). A case-by-case proportionality assessment takes place.

De facto sell-off period only for certain areas

As a result, pre-produced advertising materials that are already on the market and contain blanket environmental claims are, for the time being, not per se assessed as continuing to be permissible. Nevertheless, relevant infringements in this area will occur until next September only in certain constellations. Moreover, the exception cannot be invoked for purely online advertising. Irrespective of this, companies would be well advised to urgently review their advertising measures with regard to environmental advertising for compliance with the new rules, if this has not already been done, and to adapt them at the latest now. Under § 19 UWG, violations of the requirements can be pursued not only under civil law but also by way of fines.