The date on which the EmpCo Directive comes into force, 27 September 2026, is fast approaching. It’s not just the summer sun that’s heating things up; companies with sustainability claims on their packaging are also feeling the heat here.From that date onwards, generic environmental claims, amongst other things, will be prohibited. Words such as ‘sustainable’, ‘green’, ‘responsible’ or ‘environmentally conscious’ may only be used if backed up by hard evidence (‘recognised excellent environmental performance’), or if the claim is specified in clear and prominent words on the same medium.

Existing stocks: ACM may grant an exemption
On 23 April, the ACM held a webinar on pressing implementation issues. Companies that can demonstrate they have taken steps to adapt their packaging can expect the ACM to show leniency. My practical advice: keep a detailed record of when and what steps your company has already taken to adapt existing sustainability claims. Priority: start with website texts and other claims that are easy to change; the ACM has announced that it will enforce the rules on these first.

Quality marks: stringent requirements
Sustainability labels are also undergoing major changes. Under the EmpCo, these must comply with a certification scheme: objective quality requirements, accessible to all traders, with independent monitoring and penalties for non-compliance, drawn up in consultation with experts and stakeholders. Many label holders have now revised their systems; others are still in the process of doing so. The challenge: adapting packaging takes a lot of time, and time is in short supply.

ACM seeks European coordination
The ACM is working with European regulators (CPC) on a Memorandum of Understanding, which we hope will be published shortly. A key point of attention in this regard is: how to deal with stocks of products whose text and logos have not been updated in time? Destroying stocks of already printed packaging is the antithesis of sustainable business practices; precisely what the EmpCo aims to promote.

Grey area
Many issues remain unclear. What kind of expert will carry out the independent verification of environmental claims from autumn 2027 or 2028? And what about a green vegan logo featuring a leaf? According to the European Commission’s Q&A, this is permitted if consumers interpret it as a factual product characteristic (plant-based). However, when combined with an animal welfare claim, that same image may be prohibited.

We work with you to find solutions and keep you informed of new developments.