In our Q1 newsletter, we presented the regulatory foundations of the EmpCo Directive. Today we take the next step and show you what the new legislation means specifically for your corporate communications. As a basis, we use a green claims project that we recently implemented for a client. As part of the project, the company’s existing statements in various communication channels were analysed and evaluated, among other things. A key insight upfront: most environmental claims are not obviously false. Frequently they are “only” too broadly formulated or not sufficiently substantiated. And: green claims are not a purely marketing topic.
In our last article, we told you what changes with the “activation” of the EmpCo on 27 September 2026 compared to the previous status quo, what the EmpCo specifically regulates and what this means for our industry. (Here to read again)
A Look at Practice
A key finding from the recently completed project is that the large number of statements made can be traced back to a few recurring types of claim. Recurring patterns emerge that are independent of industry or product:
- General sustainability promises such as “sustainable” or “environmentally friendly”
- Statements on recycled materials and raw materials
- Information on CO₂ or resource savings
- Climate targets and future promises
- Company-related sustainability statements
None of these categories is fundamentally inadmissible. What is decisive is whether the statement is specific enough and based on reliable information.
This is precisely where the EmpCo Directive comes in: moving away from general environmental promises and towards transparent and comprehensible statements.
The Decisive Question: Can You Substantiate It?
What the most recent case has clearly shown: the challenge rarely lies in the claim itself. The decisive question is what information and evidence underpins it and whether the claim can be substantiated.
Companies should therefore ask themselves the following questions about every environmental statement:
- What specific environmental benefit is being communicated?
- What does the statement refer to?
- Do we have reliable data or evidence?
- Would a consumer understand the statement as it is intended?
The more clearly these questions can be answered, the lower the risk of regulatory or competition law objections.
Sustainability Communication is Teamwork
A further finding from practice: green claims are not a purely marketing topic.
Reliable statements emerge where sustainability management, procurement, product development, sales and communications work together. The necessary information is usually located in different areas of the company. The challenge often lies in bringing this information together and, on that basis, developing consistent and comprehensible communication.
Now is the Right Time for a Stocktake
The EmpCo Directive does not require perfect sustainability. It demands transparency and honest communication of environmental performance.
For companies, this offers the opportunity to critically question existing claims and make their own sustainability communications future-proof. Those who act early not only reduce risks, but at the same time strengthen credibility with customers, business partners and other stakeholders.
Green Claims Need More Than Good Intentions
Our experience from green claims projects and workshops shows: the greatest risks rarely arise from deliberate greenwashing. Frequently, clear evidence, unambiguous formulations or a shared understanding of what is actually to be communicated are lacking. It is also true, however, that the EmpCo makes no distinction as to whether intent is present in the case of inadmissible claims or not.
Many companies already have reliable sustainability data, certifications and concrete goals today. For practice, it is now crucial to communicate these achievements credibly, comprehensibly and in conformity with the rules. Because only understandable and reliable statements create trust with customers, business partners and other stakeholders.
Where We Can Help
Together with our partner agency Bcomm., we support companies along the packaging value chain in communicating sustainability in an understandable and credible way. We critically review green claims, sharpen their impact and align them with the requirements of the EmpCo Directive. This transforms actual sustainability performance into transparent, legally secure communication that reaches customers and consumers.
