Green claims under scrutiny in EU consumer law - part 2

EU green-claims rules under the ECGT Directive take effect 27 September 2026: fix what you can, document what you cannot, and keep the evidence. This is a follow up of our March 2026 article.

Why should I read this?

From 27 September 2026, the EU’s Empowering Consumers for the Green Transition (ECGT) Directive bans vague, unproven green claims and sustainability labels that lack independent certification or public-authority backing. The rules cover business-to-consumer commercial practices only; corporate sustainability reporting is not in scope unless repurposed in consumer-facing marketing including voluntary use of publication or part of it on the company website. For many brands, the main effort concerns claims already in use: printed packaging, labels and brand names.

On 30 June 2026, Consumer Protection Cooperation (CPC) Network agreed a common approach on products already in the supply chain. On 22 September 2026, the Commission updated its ‘Questions & Answers’ on brand names, net-zero targets and existing stock.

The ECGT Directive itself bans claims such as "eco-friendly" or "green" outright when they lack recognised proof, including on existing stock. National enforcement authorities may show some flexibility where businesses face genuine difficulties and act in good faith, but the evidence behind each claim, together with records of steps taken to correct it, are central. Some member states have meanwhile included or proposed a grandfather clause in relation to old stock.

What should I do?

The first weeks after 27 September 2026 are the time to fix what can be changed quickly and to assess and document what cannot.

• Correct online claims first. Websites, online marketplaces, social media and advertising can be updated quickly, and national consumer protection authorities list them among areas they may review in particular.
• Keep a record of existing stock. For each affected product, record quantities, new packaging orders and each corrective step, such as stickers or shelf notices, with its date.
• Check broad, future and carbon-related claims. Remove product claims such as ‘climate neutral’ that rely on funding climate projects elsewhere rather than on cutting the product’s own emissions. Keep terms such as ‘eco-friendly’ or ‘good for the planet’ only where the EU Ecolabel, an officially recognised national or regional ecolabel, or actual product performance, can support them. Ensure any environmental commitment such as plastic free by 2030 is based on a published feasible plan and the commitments are verified regularly by a third party professional, where these findings are again published.
• Review sustainability labels. Check that each sustainability label is based on an independently monitored certification scheme, or set up by an EU or Member State public authority. Check if any company logo or sign may be perceived as a sustainability label by the public and either clarify the logo or refrain from using it.
• Prepare shop and website information. From 27 September, a harmonised EU notice on consumers’ legal guarantee rights must be displayed in shops and online. Retailers should agree with suppliers how durability, repair and spare-parts information, including the new EU GARAN label and any reparability scores, will reach consumers.

What else do I need to know about the ECGT?

National laws are not yet in place everywhere. On 28 May 2026, the Commission opened formal proceedings against 20 Member States that had not notified complete national laws by the 27 March 2026 deadline. To see where national laws currently stand, businesses can consult our ECGT Implementation Tracker, covering 19 Member States. Where national law is missing, existing rules against misleading practices still apply to green claims.

Existing stock may get flexibility, not an exemption. Agreed by national consumer protection authorities within CPC Network, the approach covers products made, ordered, distributed or placed on shelves before 27 September 2026. Where difficulties are genuine, these authorities may weigh packaging cycles, stock volumes and long shelf-life, avoid demanding destruction or recall, and favour guidance before penalties.

By contrast, authorities may review in particular claims already targeted under current rules, online claims, advertising, the practices most harmful to consumers and fast-rotating products. The approach is not legally binding, so it offers no guarantee: a court or national authority may still act against non-compliant claims on existing stock.

The Commission Questions & Answers clarify several practical points. Though not legally binding, they give concrete examples of what is and is not allowed.

Offsetting

What the Commission clarifies

Calling a product “climate neutral” because the company funds carbon credit projects elsewhere is banned.

What it means in practice

Companies may still describe their carbon credit investments accurately. Company-wide “carbon neutral” claims are not caught by the product-level ban but remain subject to the general rules on misleading practices and may need explanation or recognised proof.

Vague or specific claims

What the Commission clarifies

“Climate-friendly packaging” is vague and banned without recognised proof. “100% of energy used to produce this packaging comes from renewable sources” is specific.

What it means in practice

The explanation must sit next to the claim, on the same packaging, advertisement or web page. Without room for it, the claim risks to be considered as generic.

Names and images

What the Commission clarifies

Brand or product names containing words such as “eco” or “green” are environmental claims if the average consumer reads them that way, even if protected by trademark.

What it means in practice

Such names need a clear specification on the same medium or recognised excellent environmental performance to support them. E.g. a nature image alone is not a generic claim, but it can still be misleading, and paired with text, it can become one.

Future targets

What the Commission clarifies

Claims such as “net zero by 2040” need a detailed, resourced implementation plan with measurable, time-bound targets, checked regularly by an independent expert.

What it means in practice

The expert’s findings must be available to consumers, for example through a QR code or website link.

Company-owned labels.

What the Commission clarifies

A brand's own sustainability label is allowed only if an independent body verifies it and other companies may also use it.

What it means in practice

Labels lacking independent verification, or reserved for the brand's own products, must be fixed or dropped from 27 September 2026.

What happens next?

In the last quarter of 2026, the Commission plans to propose revised rules on cooperation between national consumer protection authorities. It will assess whether some enforcement powers should move to EU level, which could speed up action against misleading green claims across borders. A Digital Fairness Act, due at the same time, is expected to target manipulative online design and problematic influencer marketing. Businesses selling in several EU countries or marketing through influencers are the most likely to be affected.

The Commission also intends to update its formal guidance on the Unfair Commercial Practices Directive and the Consumer Rights Directive once sufficient enforcement experience is available, so further practical guidance can be expected.

Further reading

• ECGT Implementation Tracker: national transposition status across 19 Member States
• Executive Compliance Guide: overview of the ECGT requirements and actions to consider
• Insights: Green claims under scrutiny in EU consumer law