In two days, the new regulations implementing the European EmpCo Directive will take effect in Germany. Companies should therefore review their environmental and sustainability claims now.
The directive strengthens consumer protection and tightens the rules against misleading environmental advertising and certain sustainability claims. The changes particularly affect communication with consumers.
An Overview of the Most Important Changes
- Stricter Rules for General Environmental Claims: Terms such as “environmentally friendly,” “green,” or “sustainable” may not be used indiscriminately. In the future, specific requirements regarding verifiable environmental performance will apply to generic environmental claims.
- Climate neutrality and CO₂ offsetting: Product-related claims regarding a neutral, reduced, or positive climate impact are not permitted if they are based on the offsetting of greenhouse gas emissions outside the value chain. This applies, for example, to certain “climate-neutral” claims.
- New Requirements for Sustainability Labels: Sustainability labels must be based on an appropriate certification system or have been established by a government agency. Certification systems are subject to requirements regarding, among other things, transparency and independent audits.
- Claims must reflect the actual scope: Environmental benefits may not be attributed to an entire product or company if they actually apply only to individual components or specific activities.
Example: Recycled packaging does not automatically make the entire product a sustainable product.
- Durability and repairability: Misleading claims regarding durability, repairability, and software updates – as well as certain practices that encourage premature replacement – will also be more strictly regulated.
- Social sustainability claims: The regulations also apply to certain claims and seals related to social characteristics. Companies should therefore also review such statements – for example, regarding working conditions or social standards – to ensure their accuracy and to identify any potential misleading information.
What Companies Should Do Now
- Take stock of claims: Review environmental and sustainability claims on packaging, websites, online stores, social media, and in promotional materials.
- Verify evidence: Ensure that claims are supported by appropriate evidence.
- Review certifications: Examine the basis and requirements of the sustainability labels used.
- Adjust approval processes: Embed the verification of environmental and sustainability claims into your marketing and communication processes.
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