The new rules under the EmpCo Directive have been in effect in Germany since September 27, 2026. This marks the completion of an important phase of implementation: Effective immediately, environmental advertising claims must be transparent, credible, and verifiable. General or unsubstantiated claims will no longer be sufficient to ensure legal compliance.
👉 A significant relief for businesses:
To prevent the destruction of goods already in production, a transitional provision was adopted shortly before the effective date. Existing inventory with outdated environmental claims may still be sold in stores until September 26, 2028.
Specifically affected under the EmpCo are:
- General terms such as “environmentally friendly,” “sustainable,” or “green,” if they are not backed by specific, verifiable information.
- Claims regarding “climate neutrality” or “CO2-neutral,” provided these are based exclusively on offset measures rather than actual emissions reductions.
- Advertising that promotes future environmental performance or goals that are not backed by a clear, verifiable implementation plan.
- Sustainability seals and labels that are not based on a recognized certification system or sufficient evidence.
The German Environmental Aid Association (DUH) has already announced that it will continue to rigorously monitor the market and issue cease-and-desist letters in this area, and will specifically target companies whose communications do not meet the new requirements.
Commercial law firms are also issuing warnings: Companies that fail to adapt their marketing and product communications in a timely manner risk not only costly cease-and-desist letters but also substantial fines and the forfeiture of profits earned.
For manufacturers, importers, and retailers, this means in concrete terms: New environmental claims on packaging, in advertising, on websites, and in product descriptions should now be systematically reviewed, backed by reliable data, and adjusted as necessary.
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