Since 27 September the right order counts

The new EmpCo-rules have applied since 27 September. Not every pack can be redesigned at once. Online claims, marketing material, open orders and internal evidence can still be reviewed and corrected straight away. What matters now is the right order of work.

Europe’s consumer authorities have set out what they intend to look at first when it comes to environmental claims and sustainability labels. That gives a clear list of priorities.

1. Review everything that is online

Product pages, the online shop, social media, the newsletter archive and downloadable data sheets can be changed without production lead time. For precisely that reason there is hardly any case for a transitional difficulty here.

The most critical items are general environmental claims without solid evidence, claims about a whole product that only hold for one component, offset-based climate claims and self-made labels without a certification scheme.

2. Update marketing and sales material

Next come advertisements, trade fair stands, catalogues, sales folders and retail presentations. Images, symbols or an all-green design can also create an environmental claim in the consumer’s mind. What counts is therefore not only the written claim but the overall impression.

3. Stop open orders and future packaging

Anything not yet printed should pass the review before approval. Every open order is a chance to correct a problematic claim before it goes to print. For reprints after the cut-off date, the conformity check should be built into the approval process.

4. Assess the stock on the shelf

There is no general sell-through period. For genuine old stock, however, the authorities accept that not every pack can be replaced at once. The Commission names possible measures such as covering or correcting a claim and adding notices at the point of sale. Which solution is appropriate depends on the individual case.

5. Document every step

It should be documented which claim was reviewed, amended or substantiated, when this took place, who made the relevant decision, and which next steps are planned. This should also include internal approval procedures, existing or already ongoing certification processes, and coordination with suppliers.

If a product is demonstrably undergoing a certification process for a claim that is already in use, this may be taken into account as part of the company’s documented compliance measures in the event of enquiries or inspections. Particularly during the transition period, it is therefore important to be able to demonstrate clearly that the certification process has already been initiated and to document its current status.

Such a list is quickly drawn up. In a dispute it makes the difference between asserting that you took care of it and being able to show it.

What does not have to change first

Specific, measurable claims backed by solid evidence carry a different risk than vague terms such as environmentally friendly, sustainable, green or climate neutral through offsetting. Substantiated claims must still be correctly scoped and must not mislead. The review should nevertheless start with the obviously sweeping or unsubstantiated wordings.

Which claims may be affected is explained on our page on EmpCo and green claims. For individual wordings the free claim check is also available.