Background
On 27 September 2026, the new rules implementing the Empowering Consumers Directive (EmpCo Directive, Directive (EU) 2024/825) will become applicable. In particular, they tighten the requirements for environmental and sustainability claims in B2C business. As a general rule, the decisive factor is not when packaging was produced or printed, but whether a product is offered, advertised or presented to consumers after the cut-off date. The new requirements may therefore also affect products that have already been produced and are already on the market.
The sources provided reflect the position up to 23 September 2026. According to those sources, a new special provision in Section 15b UWG-E was planned only a few days before the cut-off date, with the Bundestag expected to decide on it on 24 September 2026 in connection with the modernisation of German design law.
No general transition period for existing stock
The EmpCo Directive does not provide for a traditional sell-off or transition period covering all existing stock. This creates practical challenges for businesses: packaging and products with longer storage or sales cycles may still carry claims that become problematic under the new rules.
The proposed Section 15b UWG-E would therefore not amount to a blanket permission to continue selling all existing stock unchanged. According to the concept described in the sources, the provision would instead modify the standard applicable to the enforcement of certain injunctive claims. It would concern goods that had already been placed on the market before 27 September 2026.
What Section 15b UWG-E is intended to change
For the covered EmpCo infringements, injunctive claims are intended to be assessed in accordance with good faith and taking the principle of proportionality into account. The balancing exercise is expected to consider, in particular, the seriousness of the infringement, measures already taken to remedy it, the associated costs and possible environmental impacts – for example, those resulting from the destruction of goods.
The proposed provision could therefore provide businesses with additional room for manoeuvre in relation to certain goods already on the market. However, it would not automatically eliminate a potential infringement and, in particular, would not constitute a general licence to sell off existing stock. According to the sources provided, the special rule is also intended to be limited until 26 September 2028.
Crucially, online and print advertising remain outside its scope
This is particularly important for marketing, e-commerce and communications: the proposed provision is linked to goods already placed on the market. According to the available information, websites, online shops, marketplace listings, social-media content, newsletters and other digital campaigns would not be covered. The same generally applies to printed advertising materials such as catalogues, flyers or inserts, which constitute advertising rather than “goods” within the meaning of the proposed provision.
For businesses, this means above all that the last-minute debate surrounding Section 15b UWG-E should not slow down ongoing EmpCo compliance projects for digital communications or marketing materials. In these areas, 27 September 2026 remains the key cut-off date.
Documentation becomes more important
Even for existing stock, the proposed proportionality rule can only become practically relevant if the circumstances relevant to the assessment can be demonstrated. According to the sources, these include in particular the date on which the goods were placed on the market, compliance measures already taken, and the costs and potential environmental consequences of correcting or destroying the relevant stock.
For businesses with substantial packaging inventories or long distribution cycles, documenting the measures already taken therefore becomes particularly important alongside the substantive EmpCo review.
Do not overlook: statutory warranty information and the guarantee label
In addition to environmental and sustainability claims, the implementation of EmpCo contains further requirements for B2C business. According to one of the sources provided, from 27 September 2026 traders must, among other things, provide a harmonised notice concerning consumers’ statutory warranty rights in a clearly visible manner before a contract is concluded. Under certain conditions, the harmonised EU guarantee label is also relevant where a manufacturer provides a free-of-charge commercial durability guarantee of more than two years.
The last-minute debate about existing stock should therefore not obscure the fact that EmpCo affects businesses at several points throughout their sales and marketing processes.
To the point
- The new EmpCo requirements are applicable from 27 September 2026.
- According to the sources provided, there is no general sell-off period for existing stock.
- The proposed Section 15b UWG-E is intended to introduce a proportionality assessment for injunctive claims concerning certain goods placed on the market before the cut-off date.
- Websites, online shops, social media, newsletters and printed advertising materials are generally not covered by this proposed privilege.
- Reviewing green claims, digital communications and B2C processes, together with maintaining clear documentation of compliance measures, remains central for businesses.