The regulatory milestone is approaching fast. On 27 September 2026, the EU Empowering Consumers Directive (EmpCo / Directive 2024/825) enters into strict enforcement.
This directive explicitly bans vague, generic environmental terms by default. Terms like "green," "eco-friendly," "climate-friendly," and "sustainable" will be illegal to use and visual cues like green colors, leaves, and water drops on packaging could put your brand at risk in the European market unless they are backed by verified, attribute-level environmental performance data. Furthermore, neutrality claims that rely solely on carbon offsets, such as marketing a "carbon neutral product" without proving direct emissions reductions within the value chain, are strictly prohibited.
Inaction is not neutral; it creates legal liability and threatens brand equity. Regulatory compliance is now a strategic necessity that impacts operational costs and market positioning. Delaying action risks public non-compliance notices, product retractions, and severe financial penalties.
Action and investment stall when the cost of inaction is not quantified, and ownership is fragmented across finance, operations, marketing and sustainability teams. This fragmented governance creates severe exposure under the new rules.
When enforcement begins, the risks are immediate:
Decarbonisation is a commercial opportunity. While the EmpCo Directive introduces strict new rules, compliance does not mean your brand has to stay silent.
Transparent, evidence-backed communications serve as a powerful competitive differentiator. With South Pole’s consumer research on sustainability claims showing that over three-quarters of buyers factor a brand’s social and environmental actions into their purchasing decisions.
By decarbonising now and addressing climate risk, companies create foundations for growth that are built on resilient infrastructure, dependable supply chains, reduced exposure to energy prices and lower compliance costs. This is not just a compliance exercise; CDP data in 2026 highlights that for every $1 a company invests in responding to or mitigating physical climate and environmental risks, the average potential benefit or return is up to $10.
Upgrading your primary data doesn't just protect your B2C claims; it secures your position as a preferred, low-risk vendor for enterprise buyers navigating their own compliance hurdles. CDP research shows that nearly 80% of large corporate disclosers are actively engaging their suppliers on climate metrics. Primary data is no longer optional. It is a critical requirement for securing and retaining enterprise contracts.
To protect business and brand, you must ensure the next action has a clear business case linked to risk reduction, customer demand, and regulatory need. This requires Legal, Marketing, and Sustainability teams to break internal silos and unite around a practical, fundable pathway.
Here is how cross-functional leaders must act to secure their claims ahead of the 27 September 2026 deadline:
Audit your website, company commitments, product descriptions, and catalogues to revise generic words like "eco", "green", and "sustainable" unless supported by clear evidence.
How we can support:
We run a gap analysis of current claims against the regulation to highlight ‘red flags’. We also build team capacity through workshops or guides on regulatory expectations and compliant claims, incl. ‘what to do vs. not to do’ and why.
Replace vague assertions with rigorous, scientific data and measurable metrics across your product life cycles.
How we can support:
Conduct Life Cycle Assessments, aligned with ISO, and carbon accounting for key products to quantify precise environmental footprints. We develop robust technical background data required to back specific, attribute-level claims.
Pivot your brand from broad marketing claims to specific, attribute-focused disclosures and standardised declarations.
How we can support:
Develop claims* that balance scientific accuracy, regulatory considerations, and compelling storytelling. Design Environmental Product Declarations (EPDs) and position them as the primary environmental communication tool for customers and other stakeholders.
*Disclaimer: No communication made by South Pole, either in writing or orally, are intended to constitute or be construed as legal advice. Please seek independent legal advice of counsel in relation to the subject matter.
Request a Claims Risk Diagnostic with our Sustainability Disclosure experts today to map your exposure.
