EmpCo: Is your IP and brand compliant with new EU anti-‘greenwashing’ rules?
28 September 2026
The new EmpCo (Empowering Consumers for the Green Transition) Directive fundamentally tightens the legal framework for sustainability and environmental claims, moving these from general principles and guidelines to strict prohibitions on what will now be considered ’greenwashing’, and will impact everything from trademarks and packaging designs to marketing and digital presence.
When did this start?
The EmpCo Directive entered into force on 27th September 2026, although some countries have requested a short extension before adopting it. For countries where the legislation has been implemented, all statements, claims, and brand assets must now be compliant. This includes already existing brand assets and marketing material.
How does this impact your business?
If your branding, trademarks, product names, packaging designs, domain names or marketing material contain environmental or sustainability claims and symbols, you must ensure that you comply with the new regulations. This means that you must have verifiable evidence to back up the environmental and sustainability claims you make and assess how they are perceived and interpreted.
At the same time, the directive contains a so-called “blacklist” of environmental or sustainability claims and symbols that will always be prohibited. This includes, among other things:
- Generic environmental or sustainability claims without an explanation (e.g., “green”, “climate-friendly”, “good for the planet”, “energy-efficient”, and “natural”), unless you can demonstrate recognized excellent environmental performance through approved independent certification schemes.
- Self-invented environmental and sustainability logos or labels that are not based on a certification scheme or established by public authorities.
- Misleading visual elements such as logos or packaging designs, where the use of specific green symbols, colors, or illustrations creates a disproportionate impression of an environmental benefit or sustainability.
What are the risks?
Non-compliance with the new rules, and the stricter evidentiary requirements, can lead to bans and potential fines of up to 4% of turnover alongside the reputational damage that would accompany any accusations of greenwashing. Registered trademarks and other commercial assets may also lose their actual commercial value.
What should you do now?
If you make use of environmental or sustainability claims and symbols, you should identify your specific risk level by performing an initial scan and review of your most critical areas:
- IP portfolio: An overall review of your registered trademarks, designs, and domain names to assess whether they contain claims or symbols covered by the new legislation.
- Digital presence: An overall review of environmental or sustainability claims on your website and SoMe.
- Marketing materials: A spot-check check of recent or upcoming campaigns to flag potential risks of allegations of greenwashing.
The findings should then provide a strategic overview of your potential risk exposure and serve as a baseline for your next steps.
How can we help?
If you need support with your review, or advice on what to with the findings, we can help. We understand that different businesses may have different needs and we are happy to adapt the scope to your specific situation – whether you need a deeper analysis, specific recommendations and advice or just a brief confirmation of where you stand right now.
The results of the review can also be used to increase internal awareness of what language and imagery should be avoided in the future.
We would be happy to book a short conversation to discuss your situation and how we can best support you. You are also welcome to contact one of our EmpCo experts directly if you have any questions.
