Companies will need to move away from communication based on storytelling alone and towards communication based on verifiable, measurable and transparent statements.
On 9 March 2026, Legislative Decree 30/2026 was published in the Official Gazette, transposing European Directive 2024/825, known as the “Empowering Consumers for the Green Transition” Directive (EmpCo Directive). From 27 September 2026, the date on which the directive enters into force, it will no longer be possible to use generic claims such as “Green”, “Eco-sustainable” or “Environmentally friendly”. To avoid penalties, marketing and communications departments will need to move away from generic storytelling towards data-driven communication.
One important caveat, however: these changes do not apply to all corporate communications on sustainability performance, but only to those directed at end consumers (packaging, landing pages, labels, advertising), affecting companies operating in the B2C market.
The EmpCo Directive is a lex generalis: a tool to harmonise consumer protection across Europe and establish principles applicable across all sectors, acting as a sort of cross-cutting consumer protection safety net.
It operates on two main fronts: on one hand, it tackles greenwashing by including environmental and social claims among misleading commercial practices (amending Directive 2005/29/EC). On the other, it strengthens consumer protection against planned obsolescence, particularly regarding the durability of products, including digital ones (amending Directive 2011/83/EU). It does not alter the logic of existing directives, but broadens their scope.
It is worth stressing that the regulation does not concern the characteristics of a product, but how those characteristics are presented to consumers. The issue is not just what you do, but how you communicate it. Each company remains free to choose whether and at what level to adopt a sustainability strategy, but will be required to present its results transparently, with concrete, verifiable data and without omissions.
Green claims: what changes for companies
The EmpCo Directive creates a shared language
The directive defines, for the first time in clear terms, concepts such as “environmental claim”, “generic environmental claim”, “sustainability label”, “certification scheme” and “durability”, giving them legal standing for the first time.
| Word | Definition |
|---|---|
| Environmental claim | Any communication (text, image, logo, brand or product name) that declares or implies that a product or company is ecological, has zero or reduced environmental impact, or is less harmful than competitors. It need not be legally required; it is a voluntary communication choice. |
| Generic environmental claim | A vague environmental assertion (written, spoken or audiovisual) that does not form part of a certified sustainability label and is not accompanied, within the same communication space, by clear data or specifications to substantiate it. Typical examples: “eco-friendly”, “green”, “nature-friendly”. |
| Sustainability label | A voluntary label or certificate (public or private) signalling that a product, process or company has verified environmental or social characteristics. It does not include labels that are legally mandatory. |
| Certification scheme | The independent verification framework underpinning a sustainability label: it defines requirements, makes them public, is open to all without discrimination, provides for checks by qualified third parties, and establishes what happens if a company is no longer compliant (suspension or revocation of the label). |
| Recognised excellence in environmental performance | Environmental performance that meets officially recognised standards at European or national level: such as the EU Ecolabel, Type I ecolabels (ISO 14024), or the criteria for best environmental performance defined by specific EU regulations. This is not a self-declaration, it is verified conformity to precise benchmarks. |
The EmpCo Directive broadens the scope of misleading commercial practices
The criteria for determining when a communication is unfair, misleading or aggressive have been expanded. Such situations require a case-by-case assessment by the national competent authority, which will evaluate whether the practices in question lead the average consumer to make a purchasing decision they would not otherwise have made (the transactional decision test). They are not prohibited by default, but must be assessed in context.
A communication may be considered misleading if it:
- contains false information or omits relevant data about the environmental characteristics of a product;
- advertises as a consumer benefit characteristics that are irrelevant and do not stem from genuine sustainability work on the product or company;
- in a comparison between products or companies on environmental, social or circularity characteristics, omits information on the method of comparison, the products compared, the suppliers, or the criteria for updating;
- declares future climate targets or environmental commitments without a detailed implementation plan, including measurable objectives, precise deadlines, allocated resources, and periodic verification by an independent third-party expert whose findings are publicly accessible.
The EmpCo Directive defines practices that are always prohibited
A blacklist of greenwashing practices is introduced, prohibited regardless of context or company intent. These include:
Non-certified sustainability labels. A sustainability label may not be displayed unless it is based on a recognised certification scheme or one established by a public authority.
Highlighting a single characteristic. A single ecological aspect cannot be emphasised to imply that the entire product or company is sustainable. It must be clear what intervention has been implemented and which aspect is affected.
❌ It is prohibited to market a product with the label “made from recycled material” in a way that implies the entire product is, when in reality only the packaging has been made from recycled material.
Exploiting a legal requirement. An environmental characteristic cannot be presented as a distinctive feature if it is already required by EU law for all products in a given category, or is otherwise irrelevant from a sustainability standpoint.
❌ It is prohibited to claim that a particular brand of bottled water is gluten-free, or that sheets of paper contain no plastic.
Generic environmental claims. An environmental claim cannot be made unless the company is able to substantiate it with recognised data and present that data on the same communication channel.
❌ It is prohibited to state simply “climate-friendly packaging”.
✅ A claim such as “100% of the energy used to produce this packaging comes from renewable sources” would not be prohibited (provided it is demonstrable).
Climate neutrality through offsetting alone. Neutral, reduced or positive impact cannot be claimed based solely on the offsetting of greenhouse gas emissions. Such a claim is only permissible if grounded in the actual reduction of impact across the entire product life cycle (LCA).
What can I do if I want to communicate my sustainability strategy?
We are well aware that greenwashing does not always stem from deliberate intent; it often arises from insufficient internal expertise or from acting in haste. But inaccurate communication can still generate reputational, financial and legal risks, as well as potential penalties.
At this stage, the challenge is not understanding what not to say, but rather building a solid approach around what to say and how to substantiate it.
- Map your communications: identify all environmental claims present across your channels (online and offline) directed at end consumers.
- Check the consistency between data, impacts and communication: ensure that every claim is supported by up-to-date, verifiable data that accurately reflects the real impact of your sustainability activities.
- Remove unsupported claims: if you have no data to back an environmental claim, remove it.
- Build a process: work with your marketing and communications team to establish a continuous, structured approach to data collection and accurate communication
Etifor can support you in developing your sustainability strategy through LUCAS: our 5-step approach that helps organisations measure, manage and communicate nature-related risks and opportunities, in line with leading scientific standards and international frameworks. Find out more.
Risk of green hushing?
Green hushing is the deliberate choice by companies not to publicise their sustainability goals and progress. It is often adopted as a defensive mechanism, taking “green action” whilst refraining from speaking about it publicly.
It is important to clarify that this directive does not seek to prevent companies from publicising their investments in environmental initiatives, including carbon credit projects. It simply requires that such investments are NOT communicated in a misleading way.
If, for example, a company supports reforestation projects but has not yet put in place a plan to measure and reduce its emissions, it may present that initiative as support for a territory or a project; but NOT as evidence of zero climate impact. The reforestation project itself is not the problem; it is the improper use of that project to support absolute or misleading climate claims.