New EmpCo Directive: claims on packaging and in advertising under scrutiny

The European EmpCo Directive (Empowering Consumers for the Green Transition), part of the Green Deal, aims to better protect consumers and help them make sustainable choices. The underlying principle is that consumers must be able to rely on clear, honest and verifiable information, particularly regarding sustainability. The directive seeks to prevent misleading sustainability communication that undermines informed and sustainable consumer decisions. 

The rules set out in this directive apply to all forms of communication directed at consumers. This includes, among other things, packaging, labels, product labels, leaflets and brochures, advertisements, websites, webshops, social media, and other online and offline marketing and advertising materials. 

Key points: 

1.⁠ ⁠Tackling greenwashing 

General or vague environmental terms such as “green”, “eco” or “environmentally friendly” may only be used where they are explained in concrete terms and are supported by objective, verifiable, and reliable evidence demonstrating actual environmental performance. The burden of proof lies with the trader, and the supporting evidence must be verifiable and made available to supervisory authorities upon request. 

2.⁠ ⁠Stricter rules for sustainability labels 

Sustainability labels and logos may only be used where they are based on a transparent certification scheme with objective criteria and independent oversight. Labels and logos without an underlying certification scheme must not give the impression that they substantiate an official or independent sustainability claim.  

A certification scheme is defined as an independent third-party verification scheme that certifies that a product, process, or business activity meets predetermined requirements, the conditions of which are publicly accessible, and which provides for objective criteria, oversight, and enforcement procedures in the event of non-compliance. 

What does this mean for you? 

The directive was adopted by the EU in 2024 as part of the European Green Deal. European companies must comply with the new rules by 27 September 2026. 

From that point onwards, sustainability claims used in relation to your flowers and/or plants may only be made insofar as they can be substantiated with concrete, objective, and verifiable evidence, which must be available for inspection by supervisory authorities. 

• Images such as a flying bee, leaves or “green” icons, when used in combination with text or claims, may only be used if the sustainability or environmental suggestion they convey (e.g. “bee-friendly” or “green”) is demonstrably correct and objectively verifiable. 
• Terms such as “environmentally friendly”, “sustainable”, “green” or “climate-neutral” may only be used if their meaning is clearly explained and this explanation is supported by objective and verifiable evidence. 
• Quality marks, labels or logos without an underlying certification scheme must not give the impression that they substantiate an independent or official sustainability claim. 
• Statutory quality, environmental, or product requirements applicable to all companies may not be presented as a distinctive sustainability advantage. 
• Claims relating to future sustainability objectives, such as “on the way to climate neutrality” or “we are working towards…”, are only permitted where they are based on a concrete, measurable, and publicly available action plan with clear timelines and verifiable steps, which is regularly verified by an independent external expert, and the results of which are accessible to consumers. 

Further information about EmpCo 

The directive amends two existing directives: the Unfair Commercial Practices Directive and the Consumer Rights Directive. EmpCo was adopted as Directive (EU) 2024/825 on 6 March 2024. Companies must comply with the new rules from 27 September 2026.  

EU Implementation 

Implementation of the directive in some of the Member States, including the Netherlands, has been delayed. As a result, national supervisory authorities can only begin enforcement once the directive has been transposed into national law.  

However, from 27 September 2026, Member States and supervisory authorities should not act in a manner that would undermine the objectives of the EmpCo Directive. In cross-border situations, the directive may therefore already be relevant from that date.  

In addition, several EU Member States, including Germany and Italy, have already transposed the EmpCo directive into national legislation. Companies that export, directly or indirectly, to these countries are therefore advised to adapt their sustainability communication in good time.