Life Sciences Horizons Brochure 2025 - Flipbook - Page 33
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2025 Horizons Life Sciences and Health Care
EmpCo directive restricts environmental claims in the EU
The Directive for Empowering the Consumers for
the Green Transition Directive (“EmpCo Directive”)
entered into force in the EU on 26 March 2024;
however, Member States have until 27 March, 2026
to implement its provisions into their national laws,
and the amended provisions must then be applied
by the EU Member States by 27 September 2026.
It introduced a number of restrictions on green
claims in the EU.
The EmpCo Directive will also require companies to clarify
whether a positive impact exists for the entire product or business,
or merely for parts thereof. Environmental claims about an entire
product or entire business must not be made if they can only be
substantiated for a certain aspect of the product or a specific
business segment.
Under the EmpCo Directive, companies are not allowed to make
generic environmental claims without providing a specification
on the same medium (e.g., on the product or in the same TV
advertising spot) or demonstrating the “recognized excellent”
environmental performance of a product. Absent further
specification, claims about a product being “climate-friendly,”
“CO2-neutral,” “energy-efficient,” “green,” “biodegradable,” “eco,”
or “environmentally friendly” will not be allowed, unless they
refer to “recognized excellent” environmental performance, such
as the EU Ecolabel. Under the new rules, it will also be prohibited
to use climate claims such as “climate neutral” or “carbon neutral”
if such claims are based on the compensation of CO2 emissions.
If a company advertises “green goals” for the future, the EmpCo
Directive requires to clarify the steps it will take to achieve those
goals to be “clear, objective, publicly accessible, and verifiable.”
The Directive also requires a “realistic implementation plan.”
Further, compliance with the plan must be regularly reviewed
by an independent expert.
In addition, private sustainability labels promoting environmental
and/or social benefits will not be allowed unless they are based on
a third-party certification system or established by a government
agency. This will effectively result in a prohibition of sustainability
labels independently developed by private companies.
Last, it should be noted that the EmpCo explicitly prohibits the
presentation of requirements imposed by law on all products
within the relevant product category as a “distinctive feature.” The
Directive aims to prevent companies from misleading consumers
into thinking that the company went beyond taking the minimum
steps required by law.
Christiane Alpers
Partner
Hamburg
Mareike Hunfeld
Counsel
Hamburg
Greta Bockholdt
Associate
Hamburg
Hanns-Thilo
Von Spankeren
Associate
Hamburg
