With the EmpCo Directive (Empowering Consumers for the Green Transition), the EU is significantly tightening the requirements for companies’ environmental and sustainability claims. The provisions of the EmpCo, adopted in 2024, will take effect on September 27, 2026. We’ll explain what’s changing from the current status quo (note: liability!), what the EmpCo specifically regulates, and what this means for our industry. We’ll also provide some practical examples. Additionally, we’ll draw a connection to the Digital Product Passport, which can offer valuable synergies considering the EmpCo. A brief summary of the EmpCo up front: Claims will become statements that can be verified by regulators. And your regulatory expertise and “data capability” will become a competitive factor.
The regulation of sustainability communication will finally take effect in practice by fall 2026 at the latest. What was still heavily influenced by draft bills, questions of interpretation, and internal preparatory projects in 2025 is now becoming a binding legal framework with immediate implications under competition law.
Basics
- With Directive (EU) 2024/825 “Empowering Consumers for the Green Transition” (EmpCo), the European Union is significantly and tangibly tightening the requirements for companies’ environmental and sustainability claims.
- The goal is to systematically reduce greenwashing. Consumers are to be provided with transparent and verifiable information.
- This development is particularly relevant for the packaging industry, as sustainability has long been a key selling point and differentiator. From now on, it will also become a clearly regulated aspect of competition law.
Where do we stand today?
The EmpCo Directive has been in force since March 26, 2024. Member states must transpose the directive into national law by March 27, 2026. The new regulations will be binding as of September 27, 2026.
Germany is implementing the directive through an amendment to the Unfair Competition Act (UWG). Once the regulations take effect in September 2026, impermissible environmental claims will no longer merely be a reputational risk but will be legally actionable and subject to cease-and-desist letters.
The key difference from 2025 is clear: strategic preparation becomes a reality of liability.
EmpCo 2026: What’s Changing Now.
In 2025, the focus for many companies was on analysis. Claims were documented, marketing materials reviewed, and initial internal guidelines developed.
In 2026, the focus shifts significantly:
- Room for interpretation gives way to a duty to provide evidence.
- Voluntary transparency becomes a regulatory obligation.
- Marketing statements become legally verifiable information.
- Strategic risk becomes concrete exposure under competition law.
The EmpCo does not change the products themselves. But it changes the way sustainability can be discussed.
What the EmpCo specifically regulates
- Ban on vague environmental claims
Statements such as “environmentally friendly,” “sustainable,” or “green” are only permissible if they are based on demonstrably outstanding environmental performance and are clear, specific, and verifiable for consumers.
- Stricter requirements for seals and labels
Only state-recognized systems or transparent certification models with verifiable methodologies are permitted. Independence is essential here: A label must be based on objective criteria and must not effectively function as a “proprietary label” without an independent awarding and verification structure.
- Requirements for future commitments
Statements such as “climate-neutral by 2030” are only permissible if there is a realistic, verifiable transformation strategy with clear interim targets. Blanket promises without a robust roadmap increase the risk of warnings and liability.
- Clearly separate compensation from product-related claims
Particularly risky are statements that justify climate neutrality solely through compensation models, as well as statements that refer to the entire product even though only certain aspects are actually affected. A clear definition of system boundaries, the reference object, and methodology is crucial.
Implications for the packaging industry
For manufacturers and distributors of packaging, particularly in the areas of plastic, paper, and composite solutions, EmpCo is shifting the focus significantly from marketing toward robust data and governance structures.
- Recyclability, recycled content, CO₂ reductions, and material savings are no longer merely marketing messages, but rather comparison and performance claims that are subject to regulatory scrutiny.
- At the same time, binding design, labeling, and recycled content requirements are coming into effect with the PPWR. Packaging companies are thus navigating a tension between product law (PPWR/ESPR) and communication law (EmpCo).
Three critical points stand out
In our consulting practice, we see three critical points in particular:
- Frame of reference and system boundaries: To which life cycle phase does the statement refer? Does it apply to primary packaging or the entire system? Is the comparison standard in the market and methodologically well-defined?
- Data and verification logic: Are the LCA methodology, data sources, and assumptions documented and reproducible? Is there a consistent “single source of truth” for recycled content, material, and emissions data?
- Governance and approval processes: Who reviews claims from a technical and legal perspective? How are changes to formulations or suppliers systematically accounted for in communications?
The implication: Companies must be aware that the EmpCo requires not only linguistic precision but also a robust internal structure comprising data management, validation, and documented approval—ideally integrated into existing ESG, quality, and product development processes.
Practical examples
- Example 1: Label on a milk carton: “100 percent recyclable”
Permissible only if it is clearly defined whether “technically” or “practically” recyclable is meant, which testing standards are referenced, and what limitations (e.g., regional collection/sorting/recycling infrastructure) exist. Without a solid basis, the statement is misleading.
- Example 2: Information on packaging: “20 percent less CO₂” / “up to 14 percent lower emissions”
Percentage claims are comparative claims. They are only permissible with a clearly defined reference, disclosed methodology, and transparent system boundaries. Without a verifiable derivation, the claim is open to challenge.
EmpCo & Digital Product Passport
Data as a common basis
EmpCo is communication law. The Digital Product Passport (DPP) is data and product law. In practice, the two complement each other: The more systematically companies collect product and sustainability data, the more robust claims, labels, and comparative statements become.
Practical Bridge to the DPP
(see the corresponding article on ESPR/DPP):
- “Single Source of Truth”: A consistent data repository for material, recycled content, and footprint information, rather than siloed solutions in marketing, procurement, and quality.
- Verification logic: DPP-compatible data models (structured, machine-readable, versioned) facilitate the verifiability of claims according to EmpCo.
- Governance & approvals: Roles, checklists, and audit trails are central to both DPP readiness and claim approval.
- Consistent delivery channels: Data is used as needed in DPP format (authority/customer-ready) and as clear communication at the point of sale.
Conclusion
The DPP does not replace EmpCo, but it can provide the evidence base to establish sustainability communication in a legally compliant, transparent, and scalable manner.
Green Claims Directive
The Green Claims Directive (GCD) is currently politically unclear and not yet in force. The process was “put on hold” in 2025. The EmpCo is currently the governing framework, having already established comprehensive requirements for environmental and sustainability claims. The GCD could be revived later as “lex specialis,” but this is currently irrelevant for the implementation of the EmpCo.
Conclusion and Offer
Starting September 27, 2026, the EmpCo will introduce stricter standards and requirements for corporate environmental and sustainability communication. Claims will thus become statements subject to regulatory scrutiny—with all legal consequences. Regulatory expertise and data capabilities will therefore become a key competitive factor.
As BP Consultants, we support you in
- systematic claim assessment (inventory, risk scoping, prioritization),
- the development of internal guidelines and
- the establishment of robust documentation and governance systems.
A key objective is always to leverage regulatory requirements for the benefit of your company.
BP Communications also provides support
Our sister company, BP Communications, can also provide valuable support. After all, genuine impact in sustainability communication can only be achieved by translating complex evidence into consumer-friendly statements in a way that is both understandable and robust. As part of the Berndt+Partner Group, BP Communications supports
- claim fine-tuning,
- claim modification, and
- the (further) development of regulation-compliant communication formats.
