For a long time, 27 September 2026 was a date somewhere in the future. Now it is reality. As of that date, Germany's national rules implementing the EU's 'Empowering Consumers for the Green Transition' Directive, EU Directive 2024/825 — widely known as EmpCo — have taken effect, transposed into the Act Against Unfair Competition (UWG). The directive itself set 27 March 2026 as the deadline for EU member states to transpose its requirements into national law, and Germany's corresponding national rules became applicable from 27 September 2026. For companies, this means one thing above all: sustainability communication is not banned. But it has to become more precise. And that may be the single most important shift. Until now, much of the debate centered on whether a claim was 'somehow substantiated.' Since the new rules took effect, the underlying UWG framework sets markedly more concrete requirements for certain categories of claims.
Five areas are especially relevant
First, generic environmental claims. Terms such as 'environmentally friendly,' 'green,' 'eco-friendly,' or 'climate-friendly' can count as generic environmental claims. Under the EmpCo framework as reflected in the UWG, a generic environmental claim is one where the specific underlying basis is not clearly and prominently stated on the same medium. Such a generic claim is impermissible unless the company can demonstrate recognised excellent environmental performance. This marks an important departure from a widespread assumption: a company cannot automatically rescue a blanket statement simply because some form of substantiation exists elsewhere on a subpage. The claim itself must be properly framed and scoped at the point it is made.
Second, a claim must not be broader than the evidence behind it. Newly and explicitly addressed is the question of scope: a claim about an entire product or an entire company is impermissible if the underlying benefit actually only concerns part of it. 'Our company operates in a climate-friendly way' does not become a defensible claim merely because the head office sources renewable electricity. Communication and actual scope must match.
Third, claims of 'climate neutrality' achieved through offsetting face a particularly clear-cut rule. Statements asserting that a product is neutral, has reduced impact, or has a positive climate effect because of offsetting greenhouse gas emissions now sit on the so-called blacklist of impermissible practices under the UWG. This area was already legally risky beforehand: in 2024, Germany's Federal Court of Justice (Bundesgerichtshof) set high standards for the clarity of advertising using the term 'climate neutral.' Since the new rules took effect, the law goes further still in certain respects.
Fourth, forward-looking promises. 'Climate neutral by 2030.' 'Net zero by 2040.' 'Fully sustainable by 2035.' Such statements sound ambitious — which is exactly why they influence purchasing decisions. Anyone making an environmental claim about a future environmental performance needs, among other things, clear, objective, publicly available and verifiable commitments, measurable and time-bound targets, a realistic implementation plan, and regular review by independent external experts, as required under the relevant UWG provisions implementing EmpCo. A target stated on a website is therefore no longer simply a target. It becomes a verifiable claim.
Fifth, sustainability labels. The market for self-created logos and sustainability seals is also changing. A voluntary sustainability label generally may not simply be invented and attached to products or offers. The underlying rules require either a recognised certification scheme or a seal established by a public authority.
What companies should do now
The biggest challenge is often not a single claim. It is simply knowing where all the claims actually live. Over the years, hundreds of statements can accumulate across a website — on landing pages, in blog posts, PDFs, press releases, product descriptions, careers pages, or old campaign microsites. The sensible process is therefore: find, classify, prioritise, substantiate, refine, and document. Not: delete everything.
Our own VERDAI data illustrates exactly this pattern. Of 5,235 documented decisions in our working dataset, 55.8 percent of claims were reworded, while only 2.2 percent were removed outright. This is not a representative survey of the wider economy, but it is a notable internal pattern worth sharing. The key takeaway is that the new rules do not mean the end of sustainability communication. They mean the end of many imprecise sustainability promises. Our practical tip: do not start with a legal review of individual pet phrases. Start by building a complete inventory of every sustainability statement your organisation uses publicly.
Application and human review
EmpCo primarily complements the rules for commercial practices directed at consumers. Check the applicable national implementation separately; Germany’s UWG does not automatically govern claims in other countries. Precise wording alone does not replace matching evidence or a responsible person’s decision before publication. Review the overall impression, including the heading, image and immediately visible explanation. Automated findings do not approve a claim.
Snapshot and limits
The 5,235 documented decisions belong to the working snapshot of 22 September 2026. They have their own denominator, separate from 34,529 captured statements and the risk subset of 17,467 statements. Rounded decision shares are 55.8 percent rewording, 36.9 percent acceptance, 5.1 percent exclusion and 2.2 percent removal. These non-representative records measure neither greenhushing nor legal violations or the effect of a rewrite. Do not combine them with the separate Monitor snapshot of 27 September.
The product-level prohibition on climate impact claims based on greenhouse gas offsetting cannot be cured by an explanatory disclaimer. Communicate verified reductions in your own emissions and support for external climate projects separately. Funding a project does not reduce the emissions accounted for in the product footprint.
Sources
About the author
Marco Giraldo · Founder of VERDAI
Marco Giraldo is the founder of VERDAI. His work focuses on evidence-based sustainability communication and practical claim management.
VERDAI is an independent orientation tool. This post does not replace legal advice.
