EmpCo Checklist
Are your trademarks and advertising affected by the new prohibitions?
Since 27 September 2026, the new rules of the EmpCo Directive have applied to environmental and sustainability advertising under the German Act against Unfair Competition (UWG). With the following eight questions, you can check in a few minutes whether your trademarks, packaging and advertising may be affected.
Every question you answer with “yes” indicates a need for review. You can also pre-check your advertising claims in a structured way with the Green Claims Check.
The eight questions
- Labels without independent certification: Do you use a sustainability label that is not based on certification by an independent third party?
- Labels without a public basis: Do you use a sustainability label that has not been established by a public authority either?
- Generic environmental terms: Do you advertise with terms such as “green”, “ecological”, “climate-friendly” or “environmentally compatible” without being able to demonstrate recognised excellent environmental performance?
- Whole product instead of one aspect: Does an environmental claim refer to the entire product although it only concerns one part, for example recycled material only in the packaging?
- Whole company instead of one activity: Does an environmental claim refer to your entire business although it only concerns one area?
- Climate neutral and CO₂ neutral: Do you use terms such as “climate neutral”, “CO₂ neutral” or “reduced carbon footprint”?
- Future environmental targets: Do you advertise future environmental performance, such as “climate neutral by 2030”?
- Generic attribute terms: Do you use terms such as “conscious”, “sustainable” or “responsible”?
How to read the result
- At least one “yes”: Have the claims concerned reviewed before you continue to use them.
- No “yes”: The list is not exhaustive. Other claims may also be misleading.
- Goods in stock or in retail: The special rule in Section 15b UWG applies to existing stock, but not to websites and social media.
The checklist provides general guidance and does not replace a legal review in the individual case.
How we can help
We review your environmental claims and labels before publication, assess existing stock under Section 15b UWG and defend you against warning letters – in particular companies in the food, textile, cosmetics and retail sectors. With the Green Claims Check you can also pre-screen your claims in a structured way.
Related topics: Environmental Claims & Greenwashing (EmpCo) · Advertising with Environmental Claims · Sustainability Seals · “Climate Neutral” Claims
FAQs
For companies that advertise to consumers with environmental or sustainability claims, for example on packaging, labels, in online shops, on social media or in campaigns.
No. It highlights typical risks. Whether a specific claim is permitted depends on its wording, presentation and evidence.
Above all, warning letters from competitors and associations as well as claims for injunctive relief and removal. This can lead to costly changes to packaging and campaigns.
Yes, the questions also help with existing stock. For goods placed on the market before 27 September 2026, the special rule in Section 15b UWG also applies.
Our Services
- Individual consultation on unfair competition from your competitors
- Individual consultation and review of the legality of your advertising
- Drafting and defending against cease-and-desist letters
- Conducting legal proceedings
- Enforcing cease-and-desist, removal, and compensation claims in court
- Negotiating amicable settlements with competitors