Old stock and EmpCo: what Europe’s consumer authorities agreed

Since 27 September 2026 the new rules on environmental claims and sustainability labels also apply to goods that were produced, ordered or shipped long before. There is no general sell-through period. For genuine transitional problems, however, Europe’s consumer authorities have described a proportionate approach.

The Commission services have made clear that since the cut-off date the new requirements also cover existing products and so-called old stock. That means products and packaging manufactured, ordered, distributed or already placed on retail shelves before 27 September.

That still leaves the practical question: how should companies handle packaging that cannot be replaced overnight? In June 2026 the European Consumer Protection Cooperation Network, CPC for short, published a common understanding on exactly this point.

Six principles for old stock

Old stock does not exempt anyone from the new rules. Companies are expected to work towards compliance without delay and in good faith.

Where transitional difficulties are real and specific, enforcement may be staged. Priority goes to online claims that are easy to change, to particularly harmful practices and to cases that have already been the subject of proceedings.

Practical constraints may be taken into account. These include packaging cycles, stock volumes, orders already placed, long shelf lives and the technical feasibility of a correction.

Reasonable and demonstrable steps are expected. Examples are corrected online claims, updated marketing material, adjusted reorders, stickers or notices at the point of sale, and alignment with suppliers.

Disproportionate measures should be avoided. In justified transitional cases, authorities should not insist on destruction or recall where this would cause unnecessary cost or avoidable environmental harm.

In suitable cases, restoring compliance comes first. Notices, enquiries and reasonable correction periods can precede a sanction.

Why documentation matters here in particular

For companies the fourth principle matters most. The CPC paper explicitly names documented substantiation work and ongoing compliance initiatives as possible evidence of serious effort. A certification procedure already under way can be part of that, for instance with a dated enquiry, an ongoing procedure or a conformity assessment in progress.

This is not a free pass. The paper concerns genuine old stock and specific transitional difficulties. It is neither a binding interpretation of the directive nor does it bind the courts. For packaging newly designed after the cut-off date, no transitional rule can be derived from it.

What follows in practice

A company that has already acted and documented its steps stands in a different position from one that did nothing up to the cut-off date. Online claims can still be corrected immediately. Marketing material, open orders and future packaging come next. For the remaining stock, record what is practically possible and when each measure was carried out.

A detailed overview is on our page on EmpCo and green claims. Up to five specific wordings can also be assessed with the free claim check.