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Europe is restructuring its sustainability claims: EmpCo creates clarity, courts are following suit – and for the first time, real financial benefits emerge for companies with robust evidence. Those who document cleanly today will gain credibility, efficiency and budget advantages tomorrow.
EmpCo creates clear rules and new financial opportunities
The 27 EU Member States are currently transposing the “Empowering Consumers for a Green Transition” Directive (EmpCo, EU 2024/825) into national law, with a final deadline of 27 March 2026. In parallel, pressure from consumer protection bodies and NGOs is increasing significantly: too many environmental claims are misleading, leading to a growing number of cases taken to court. Penalties are reaching record levels – and companies are obliged to scientifically substantiate environmental and sustainability claims.
At the same time, many companies recognise that EmpCo not only creates obligations but also opens genuine economic opportunities: those who already use robust, independent evidence can secure six-figure financial benefits today.
EmpCo Reaches Europe’s Largest Markets – Implementation in the Final Stage
National transposition is visibly progressing across the largest EU economies.
Germany has published a draft government bill to amend the UWG. Italy has adopted the legislative act, placing verifiable sustainability claims at its core. Spain has presented one of the most comprehensive approaches with the Anteproyecto de Ley de Consumo Sostenible. Poland is adjusting consumer law, while Denmark is integrating EmpCo directly into national law via Lovforslag L 147.
This brings the key date of 27 September 2026 closer: from this point on, sustainability claims must be scientific, contextual and verifiable.
Companies that prepare in advance not only achieve compliance but also gain a credible advantage with authorities, business partners and consumers.
Greenwashing Has Consequences – Courts Send Clear Signals
NGOs and consumer protection bodies are increasingly acting on their supervisory and corrective role – and courts are already ruling along EmpCo and upcoming Green Claims Directive principles:
- In France, Shein received a fine of 40 million euros for unlawful environmental claims.
- At European CPC level, the beverage industry (including Coca-Cola, Danone, Nestlé Waters) was required to revise its “100% recycled” and “100% recyclable” claims.
- In Italy, the authority AGCM imposed a 1 million euro fine for greenwashing.
- In Germany, Deutsche Umwelthilfe (DUH) is driving a new wave of lawsuits:
- The Frankfurt Regional Court prohibited Apple from advertising the Apple Watch as “CO₂-neutral”.
- The Bochum Regional Court ruled against Deichmann for misleading sustainability claims.
- More than 30 additional proceedings are pending.
Companies that use vague, exaggerated or unsubstantiated sustainability claims face major financial and legal risks.
EmpCo, PPWR, Green Claims Directive: Obligation, Opportunity and Cost Lever
The PPWR requires companies to transparently document packaging components, recycled content and recyclability. These very data points are a central foundation for EmpCo and the upcoming Green Claims Directive (GCD).
In EU Report COM(2025) 871 final, the Commission explicitly assigns the GCD to the 2026 work programme – a clear signal that the GCD continues as an active initiative, closely embedded within the EmpCo framework.
Companies that implement PPWR now and integrate EmpCo and GCD at the same time – instead of sequentially – avoid duplicated processes.
Those who wait risk an expensive “salami-tactic” rollout:
2025 PPWR, 2026 EmpCo, 2028 GCD – each time new data structures, new teams, new system implementations, new follow-up costs – and that costs money.
EmpCo as a Financial Opportunity: Unlocking Tax Savings and Bonuses
Concrete financial advantages are opening up in parallel:
- Spain: Certified recycled content – e.g. via flustix RECYCLED – immediately and permanently reduces the plastic tax of 450 €/t for packaging.
- France: The EPR bonus system provides premiums between 450 and 550 €/t for packaging, exclusively with certified recycled content from January 2026 onwards.
Independent, accredited certification thus becomes an economic lever:
It strengthens credibility, reduces greenwashing risks and pays off directly – through reduced taxes, lower compliance costs and substantial bonus payments.
Conclusion:
EmpCo is reshaping the rules of sustainability communication – while simultaneously creating financial advantages for companies that act early.
Those who combine PPWR implementation with the EmpCo logic and rely on robust, independent evidence reduce risks, save costs and strengthen their competitive position.
About flustix
The organisation, founded in Berlin in 2017, offers six distinct flustix seals: The flustix LESS PLASTICS – MIN. xx% PLASTIC-FREE seals certify, in collaboration with recognised testing laboratories and accredited certification bodies, the entire product as well as either its packaging or the product itself. Products that refrain from using microplastics are transparently labelled with the PLASTIC-FREE – Product Content Microplastic-Free seal. The flustix RECYCLED trustmark certifies recyclates, semi-finished goods, and products with recycled content, including plastics, metals, and glass. flustix RECYCLABLE independently communicates the recyclability of packaging. The flustix seals serve as a guide for consumers and thereby support companies in pursuing a sustainability-focused business strategy and ensuring credible sustainability communication.
