With the Empowering Consumers Directive (EmpCo for short), the EU is tightening the rules against greenwashing and misleading environmental claims. In Germany, the requirements of the EmpCo Directive will be incorporated into the Law Against Unfair Competition (UWG), with the amendment set to take effect on September 27, 2026. The law does not include any transitional provisions.
Key points:
For the first time, the law defines the terms “environmental claim,” “general environmental claim,” “sustainability label,” and “certification system.” An environmental claim is expressly defined to include representations through images, graphic elements, symbols, labels, as well as brand, company, and product names.
Under Section 5(2)(1) of the UWG, ecological and social characteristics, as well as circularity aspects such as durability, reparability, and recyclability, will henceforth be considered essential characteristics of a product.
According to Section 5(3)(4) of the UWG, statements regarding future environmental performance require a detailed implementation plan with measurable, time-bound targets that is regularly reviewed by an independent external expert.
The annex to Section 3(3) of the Unfair Competition Act (UWG)—the list of business practices that are always prohibited in dealings with consumers—is being expanded to include several new provisions, including those regarding sustainability labels, general environmental claims, the scope of environmental claims, offsetting claims, the presentation of legal requirements as a unique feature of an offer, as well as software updates, durability, and reparability.
Examples:
According to Item 4c of the Annex, a claim based on the offsetting of greenhouse gas emissions—and stating that a product has a neutral, reduced, or positive impact on the environment—is prohibited.
According to Item 4a of the Annex, a general environmental claim is prohibited if the business operator cannot demonstrate the underlying recognized outstanding environmental performance on which it is based.
Broad environmental claims are now virtually impossible. Terms such as “sustainable,” “environmentally friendly,” “green,” or “eco” may only be used if the claim is clearly and prominently specified on the same medium.
Labels require a certification system. Sustainability seals may only be used if they are backed by an independent third-party audit or a government determination.
Example: Inadmissible sustainability seal:
A company designs a round green logo for its product line featuring a leaf symbol and the words “Eco-Certified” and displays it on data sheets, labels, and its website. The company alone determines the criteria for awarding the logo; no independent testing body is involved. Such a logo constitutes a sustainability seal within the meaning of Section 2(2)(4) of the Unfair Competition Act (UWG). Since it is not based on a certification system nor has it been established by government agencies, its use is prohibited under Item 2a of the Annex to Section 3(3) of the UWG.
Sanctions:
The range of fines under Section 19 of the UWG will in the future be up to 50,000 euros. For businesses with an annual turnover exceeding 1.25 million euros, a fine of up to 4 percent of annual turnover may be imposed in cases of widespread violations within the meaning of Section 5c of the UWG.
Our recommendation:
Check your brochures, catalogs, data sheets, websites, labels, trade show materials, and product names well in advance (now) before September 27, 2026, for wording that falls under the new regulations. This also applies to materials that have already been printed and are still in use at that time.
Please note: The glasstec trade show will take place in Düsseldorf from October 20–23, 2026, and will be fully subject to this new law. This means that all exhibitors should review their booth construction, booth graphics, exhibit labeling, and trade show printed materials, as these have likely already been produced.
