What the Empowering Green Claims Transition amendment means for packaging claims

by Anna Dubowik, Sustainability & Public Affairs Manager

From September 2026, the EU's Empowering Consumers for the Green Transition Directive (ECGT) will reshape the legal framework for environmental marketing. Rather than introducing a standalone green claims regime, the Directive strengthens the Unfair Commercial Practices Directive (UCPD), giving regulators more explicit tools to tackle misleading sustainability claims.

The changes are particularly relevant for packaging companies, where claims about recyclability, recycled content, circularity and carbon footprint have become increasingly popular.

What are the three major changes and how will they impact the shape of claims?

Firstly, unsubstantiated claims relating to recyclability, recycled content, durability, reparability or environmental performance now fall directly within misleading practices rules.

We often see beverage cartons marketed as "fully circular packaging", “designed for recycling” or “made from XX% renewable material”.

The amendment does not prohibit such claims but means that the company will need to be able to provide proof when questioned. This could be supplier documentation, chain-of-custody evidence or recycled-content calculation. The ECGT does not require third-party certification for this, but certification may be useful evidence if challenges arise.

Secondly, the Directive introduces specific requirements for claims about future environmental performance. Statements such as "net zero by 2040", "100% recycled content by 2035" or "fully recyclable packaging by 2030" must be supported by measurable targets. A company claiming that “our cartons will be fully circular by 2030” needs to draw up a detailed plan, commit to measurable targets, and most importantly, regular verification by independent third-party experts.

The authorities assessing claims-related evidence will likely turn to accredited verifiers specialising in claims about future environmental performance based on assessment of greenhouse gas (GHG) inventories, decarbonisation pathways, net-zero roadmaps, science-based targets and progress reporting.

Finally, the ECGT adds several practices to the Unfair Commercial Practices Directive blacklist (Annex I), meaning they will be considered automatically unlawful. These include generic environmental claims such as "green", "eco-friendly", “climate positive” or non-compliant sustainability labels. It also blacklists claims that overstate the environmental benefits of a product, and product-level carbon neutrality claims based on offsetting. Here the examples could be a package carrying a "climate-friendly" label based only on reduced transport emissions, without clarifying that the benefit relates only to one lifecycle stage; or "Climate-neutral beverage carton" whose manufacturer purchases carbon credits to counterbalance emissions associated with the carton.

Indeed, companies will no longer be able to claim that a product has a neutral, reduced or positive climate impact where that claim is based on offsetting, and this regardless of the quality of the carbon credits used.

Who will be “policing” green claims?

The ECGT is a Directive* rather than a Regulation**. As such, while it introduces a common set of rules for environmental claims across the EU, enforcement will be carried out by a patchwork of national consumer authorities, courts and enforcement bodies across the 27 Member States.

The countdown is already underway. Member States were required to transpose the directive into national law by 27 March 2026, and the new rules will begin applying throughout the EU from 27 September 2026.

National authorities such as the Dutch Authority for Consumers and Markets (ACM), France's Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF) or Belgium's Federal Public Service (FPS) Economy and their counterparts elsewhere in the EU will be responsible for scrutinising environmental claims made to consumers. Courts, consumer organisations and even competitors may also play an important role in challenging potentially misleading claims.

Packaging claims must now satisfy two regulatory regimes simultaneously

With the Packaging and Packaging Waste Regulation (PPWR) becoming applicable in August and the ECGT rules applying from September, environmental claims on packaging will be subject to both packaging law and consumer protection law.

This is perhaps the most important takeaway.

A recyclability or renewable-content claim may now be challenged under both frameworks at the same time. The PPWR determines whether a claim is admissible and properly substantiated, while the ECGT assesses whether the same claim could mislead consumers. The regulatory framework for sustainability communications has now become significantly more demanding.

 

*A Directive sets out a goal that all EU countries must achieve, but leaves the choice of form and methods to the national authorities. Requires member states to transpose the directive into their national laws within a specified timeframe. 

**A Regulation is a binding legislative act that applies directly to all member states without the need for national implementation. Immediately enforceable and has a direct effect on individuals and businesses within the EU.