The EmpCo Directive: “Green” advertising claims under scrutiny
Sustainability is no longer a “nice-to-have” for consumers – it has become the standard. It is moving into focus as an integral part of brand identity, positioning and competitiveness. But as the expectations of the various stakeholders grow, so do the regulatory requirements. One key term in this context: the Directive on Empowering Consumers for the Green Transition – EmpCo for short (officially Directive (EU) 2024/825).
What does this directive mean for companies in concrete terms? And above all: what does it mean for communications?
We provide an overview – with a particular focus on the communicative impact of the new EmpCo Directive.
1. Introduction: Why EmpCo, and what does it have to do with the Green Deal?
The EmpCo Directive is a new building block of the EU Green Deal, designed to support consumers in sustainable consumption – and to stop greenwashing. It supplements existing consumer protection law and explicitly defines which types of environmental and forward-looking claims will count as unfair commercial practices in the future.
EmpCo was adopted in March 2024 and has been in force at EU level since then. Member States must transpose the requirements into national law by 27 March 2026. From 27 September 2026, when the Directive takes legal effect, companies must expect that authorities, competitors and consumer protection organisations will systematically pursue infringements.
Put simply, the regulation aims to put a stop to vague and blanket “green” promises, protect consumers from misleading future-oriented promises (“We will be climate-neutral…”) and make sustainability labels more transparent. For companies, this means that with their previous statements on sustainability, they will in future be operating in a legally sensitive area that must be carefully reviewed.
They will be required to back up their environmental and sustainability claims with robust evidence and to make them transparent. If their claims are challenged by critics, they will effectively be forced to disclose this evidence.
2. Impact on communications
B2C in focus – but with implications for B2B
EmpCo is aimed at all companies that engage in commercial practices directed at consumers – that is, all B2C communications, from advertising spots to websites to product packaging. However, pure B2B companies are also affected as soon as they communicate with end consumers, e.g. via websites, social media or trade fairs.
The Directive covers all elements of commercial communication: text (claims, slogans), images, symbols, labels, logos, all the way through to product, campaign or brand names, where they convey an environmental or – something that has so far hardly been addressed – social message. This also includes CSR reports, where they are addressed to consumers or used in brand communication.
Risk assessment: where it gets critical
Four clusters in particular deserve attention and should be examined by companies early on as part of a systematic risk analysis:
- Generic environmental claims such as “climate-neutral”, “environmentally friendly”, “green”, “sustainable” or “CO₂-positive”, where no robust evidence is available.
- Forward-looking promises such as “Net Zero 2040” or “100% renewable energy by 2030”, where no concrete, publicly accessible action plan with measurable interim targets and independent verification exists.
- Labels and seals that are not based on recognised certification systems or public bodies and whose criteria are not comprehensible to consumers.
- If a statement is made about a product as a whole (“climate-friendly product”), it must be reviewed. Statements can only refer to certain components and are usually not transferable to the entire product.
Misleading claims and impermissible “whitewashing”
The EmpCo Directive specifically targets misleading or incomplete representations. Article 9 of the Directive lists, by way of example, the following terms which will have to be substantiated or changed in the future:
- environmentally friendly
- eco-friendly
- climate-friendly
- CO₂-friendly
- bio-based
- green
- ecological
- nature-friendly
- environmentally sound
- energy-efficient
- environmentally compatible
- biodegradable
An example: it is hard to prove that a product is “green”, since this is essentially a colour rather than a measurable, sustainable property. Such a statement will therefore no longer be permissible in the future.
Terms such as “conscious” or “responsible” are also critical, as they raise expectations of certain social behaviour with regard to working conditions or fairness. Such statements must likewise be substantiated.
Distortion across all channels
Communication regarding sustainability claims must therefore be reviewed across all channels that influence the perception of a company. The EmpCo Directive also addresses “cherry picking”: where individual “lighthouse projects” are pushed to the foreground while dominant negative environmental impacts are kept silent, this can be considered misleading. For companies, it will be crucial to develop coherent narratives that honestly name progress while also making boundaries and open issues transparent.
The benchmark is the “average consumer”
The Directive is tied to the standard of the “average consumer who is reasonably well informed, observant and circumspect”. What matters is therefore how a statement is typically understood – not how it was meant internally or in legal-technical terms. For communications, this means: technically correct wording that is misleading to laypeople remains risky. Claims must be designed so that they are comprehensible without specialist knowledge, including context and possible limitations. A clear, “consumer-friendly” explanatory style thus becomes an important factor.
3. Challenge: rethinking collaboration
The EmpCo Directive intensifies a dynamic that many companies already know from practice: communications, sustainability and legal departments often still work alongside one another rather than together. This will become risky in the future, for example when:
- Marketing develops ambitious claims without involving the legal and sustainability departments early on.
- Sustainability reports formulate ambitious goals that are subsequently shortened for advertising purposes and thus used in a legally problematic way.
- Legal safeguards lead to overly strong “hedging texts” that are legally safe but incomprehensible or insufficiently sales-promoting.
What is needed, therefore, is the development of EmpCo-compliant communications that also support the company’s objectives and that are legally reviewed before publication. This requires a coordinated interplay between communicators specialised in sustainability, marketing, sustainability management, legal and – depending on the industry – product development or procurement. Only when target images, data and storyline are clear can credible, consistent and legally sound sustainability communication be established.
4. Solutions: what companies can do now in concrete terms
This checklist helps companies prepare for the EmpCo Directive in terms of communications:
- Take stock of existing claims. Capture all environmental, climate, resource and social claims as well as labels and icons across all channels (products, website, social media, campaigns, HR communications).
- Carry out a risk and relevance analysis. Prioritise claims by risk (e.g. “climate-neutral”, “sustainable”) and strategic importance for the brand and products.
- Ensure verifiability. Compile evidence for prioritised claims: data, methods (LCA, CO₂ footprint), certificates, internal guidelines and independent expert opinions. Where the basis is missing, adjust the claim or phase it out in the medium term.
- Implementation plans. Promises regarding environmental and social characteristics must always be linked to a concrete, verifiable plan with clear future targets, ideally publicly accessible – for instance via the website.
- Develop clearer language rules. Draw up a guideline with dos and don’ts for environmental communications that applies to everyone involved (e.g. “no generic claims without context”, “clearly name partial advantages”).
- Sharpen visual language. Review imagery, icons and label designs: what message comes across to a “normal” consumer? And is that message backed up by data?
- Empower teams. Training for marketing, sales, corporate communications and management on the EmpCo requirements and best practices from the green claims debate.
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5. Conclusion: what it ultimately comes down to
The EmpCo Directive is more than just another legal framework – it pushes companies to sharpen the substance of their sustainability messages. Anyone who continues to work with terms that cannot be substantiated, without honestly modifying content and data, risks not only legal consequences but also a loss of trust among customers and stakeholders.
At the same time, this opens up an opportunity for corporate communications: those who transparently explain what their product or company already delivers, where the boundaries lie and what next steps are planned, position themselves as a credible player in the transformation. The EmpCo Directive does not require companies to remain silent on sustainability – but it does require that what they say be communicated in a concrete, scientifically verifiable and non-misleading way.
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FAQ: The EmpCo Directive and legally compliant sustainability communication