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The EmpCo directive: the end of vague sustainability claims
What the EmpCo directive governs
The directive entered into force on 26 March 2024 and amends two existing laws: the Unfair Commercial Practices Directive and the Consumer Rights Directive. The aim is clear: protect consumers against misleading environmental information, so they base their choices on reliable data rather than marketing language.
The reason behind it is concrete. A European Commission study found that more than half of the environmental claims it examined were vague, misleading or unfounded, and that 40 percent were completely unsubstantiated. EmpCo targets exactly that problem and makes substantiation a legal requirement.
One point worth knowing: the directive applies to business-to-consumer communication – marketing, product labels and advertising – and not to sustainability reporting aimed at investors. That last part falls under the CSRD. EmpCo and CSRD reinforce one another, but cover different channels.
What is no longer allowed
The directive names a number of practices that will soon be prohibited. The common thread: you may only state something if you can demonstrate it.
Generic environmental claims without proof. Terms such as "environmentally friendly", "eco", "green", "climate friendly" or "biodegradable" are prohibited when you cannot demonstrate recognised, excellent environmental performance.
Climate neutrality based on offsetting. You cannot call a product "climate neutral" or "carbon neutral" purely because you purchased carbon credits. Investing in climate projects remains allowed, but claiming that the product itself is neutral based on offsetting outside the value chain does not.
Self-made labels. A sustainability label is only permitted if it rests on an independent certification scheme or was established by a public authority; self-created labels without third-party verification are banned.
Claims about the future without a plan. A pledge like "net zero by 2040" must be supported by a credible, detailed and verifiable implementation plan.
EmpCo also tackles the exaggeration of partial benefits: you may not suggest that an environmental benefit applies to the whole product when it relates to only one part – for example calling a refrigerator "energy efficient" because of its LED lighting.
The deadline is fixed
The dates leave little room, and the path to them was short. The directive was published in the Official Journal on 6 March 2024 and entered into force twenty days later, on 26 March 2024. From there, the European timeline runs in two clear steps.
First, transposition. Member States had to convert the directive into national law by 27 March 2026. As a directive rather than a regulation, EmpCo doesn't apply directly: each country writes the rules into its own legislation, which is why the exact wording and enforcement details can differ slightly from one market to the next.
Second, application. The rules apply from 27 September 2026, half a year after the transposition deadline. There is no transition period after that date – from 27 September 2026 the requirements bind every organisation that offers products or services to consumers in the EU. From that point, enforcement against misleading environmental claims intensifies across EU markets.
The stakes are considerable. The underlying Unfair Commercial Practices Directive carries fines of up to 4 percent of turnover, or 2 million euros. If you sell across several EU countries, you're dealing with the same core obligations everywhere, even where the national implementation arrives at a different pace.
Why reliable data now makes the difference
EmpCo shifts sustainability communication from a marketing question to a question of evidence. Every claim must be specific, substantiated and verifiable – and consistent across packaging, website, advertising and sales material. That only works when the underlying data holds up.
This is where the strength of verified environmental data comes in. An independently verified life cycle assessment (LCA), captured in an Environmental Product Declaration (EPD), delivers exactly the kind of proof the directive asks for: standardised, transparent and checked by a third party. Where a vague claim will soon collapse, a substantiated, traceable environmental declaration stands firm. Data quality is therefore not an administrative formality but the basis of your legal position.
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