New Greenwashing Rules: A Growing Risk for Your Business?

The implementation of the EU Empowering Consumers for the Green Transition Directive (EmpCo Directive)significantly increases the requirements for environmental and sustainability claims. The aim is to better protect consumers from misleading advertising claims and make sustainable purchasing decisions easier.

For companies, this means that general environmental claims such as “environmentally friendly,” “green,” “eco-friendly,” or “sustainable” can no longer be used without further qualification. Such claims must be supported by robust and verifiable evidence relating to the specific product characteristic. Broad claims without sufficient substantiation may be classified as misleading commercial practices.

Climate-related claims are also a particular focus. Companies that advertise products as “climate neutral” or “CO₂ neutral,” for example, while relying exclusively on offsetting emissions through compensation projects, may risk violating the new requirements. The legislation is intended to prevent offsetting measures from creating the impression that a product itself has no negative impact on the climate.

The rules also introduce changes regarding sustainability labels. In principle, environmental labels may only be used if they are based on a recognised certification scheme or have been established by public authorities. Companies will therefore no longer be able to freely create their own sustainability logos or internal labels and present them as independent environmental certifications.

Consumers are increasingly paying attention to sustainable products. At the same time, scepticism toward broad environmental claims is growing. This is precisely where the new legislation comes in: general or unsubstantiated environmental claims will face significantly greater restrictions.

Violations can not only undermine customer trust – they can also give competitors and eligible associations the opportunity to take action against misleading advertising. This significantly increases the risk of competition-law disputes, particularly for retailers and brands with extensive online product ranges featuring alleged sustainability labels.

Companies must therefore ensure that claims such as “environmentally friendly,” “green,” or “climate neutral” are transparent, verifiable, and adequately substantiated. The more general a claim is, the greater the requirements for proving it.

For marketing teams, this represents a paradigm shift: sustainability remains an important differentiator – but it must be communicated transparently and in a verifiable manner.

In e-commerce, sustainability claims appear in many different places:

• Product detail pages

• Category and landing pages

• Advertising banners

• Newsletters

• Social media campaigns

• Product filters such as “sustainable” or “eco”

• AI-generated product descriptions

  
  

Many of these assets have been built up over years and continuously expanded. As a result, there is a significant risk that websites currently contain claims that no longer meet the new requirements.

There is another challenge: In large organisations, product data, marketing copy, and certification information are often stored across different systems. Without clear processes, it becomes difficult to publish claims consistently and in a legally compliant manner.

The new rules are not merely a legal issue – they are also an organisational one. Many companies do not currently know exactly:

• Where sustainability claims are published

• Which claims are based on which evidence

• Who approves the content

• Which systems distribute the information

  
  

International retailers in particular often manage several hundred thousand product pages. Manually reviewing all of them is hardly realistic.

This is precisely why content governance is becoming increasingly important: Companies need transparent approval processes connecting marketing, product management, sustainability, and legal teams, as well as centralised management of product and content data.

Generative AI is significantly accelerating content production. At the same time, it increases the risk of unintentionally generating impermissible environmental claims.

A language model can quickly turn a technical data sheet into compelling marketing copy – but it may also add statements such as “particularly sustainable” or “environmentally friendly” without sufficient evidence to support them.

Companies should therefore establish clear guidelines:

• Which sustainability terms may be used?

• What evidence must be available?

• Which types of content require additional approval?

• How are AI-generated texts reviewed?

  
  

Governance is therefore becoming a critical success factor for the safe use of AI in content marketing.

Although the new requirements will not apply until September 2026, preparing early is advisable.

Recommended measures include:

1. Audit all sustainability claims across websites and online shops

2. Centralise product and marketing data

3. Strengthen approval processes between marketing and legal teams

4. Review CMS, PIM, and DAM systems to ensure consistent data management

5. Define AI guidelines for creating marketing and product content

6. Raise team awareness of the new requirements

The new anti-greenwashing rules will not only change the legal framework but also the way companies manage and communicate digital content.

For marketing and e-commerce teams, this means that sustainability communication will increasingly need to be data-driven, transparent, and closely integrated with governance processes.

By reviewing your content processes, you can not only improve legal compliance but also strengthen customer trust and make your digital communications more robust and credible in the long term.

Would you like to know how well your website and content processes are prepared for the new requirements? Talk to our experts – we will analyse your key areas for action together and develop a tailored roadmap.