What you need to know
- The Empowering Consumers for the Green Transition Directive has been transposed in Ireland and has applied since 27 September 2026.
- The rules apply to B2C marketing and capture stated and implied environmental or social claims, including text, labels, symbols, brand names and product names.
- Certain claims are prohibited, including generic environmental claims, misleading whole-product claims, unsupported carbon neutral claims and claims based on legal compliance presented as a distinctive benefit.
- Future performance claims, such as climate neutral by 2030, must be based on clear, objective and verifiable commitments supported by a realistic implementation plan.
- Businesses should review their claims regularly, as substantiation may require lifecycle evidence, input from multiple internal teams and, in some cases, third party verification.
Claims about the environmental or social characteristics of a product must not mislead consumers. To achieve this overarching requirement, the European Union has introduced a list of prohibited claims and criteria for assessing whether other claims are misleading. Businesses should ensure their claims have been compliant since 27 September 2026.
The Empowering Consumers for the Green Transition Directive[1](the EmpCo Directive) has been transposed in Ireland and has applied since 27 September 2026.
The Directive amends the Unfair Commercial Practices Directive[2](the UCPD) and applies to businesses who market to consumers.
The legislation introduces a list of prohibited claims and criteria for assessing whether other claims are misleading.
Claims can be stated or implied, and include text, pictorial, graphic or symbolic representations, such as labels, brand names, company names or product names.
How is greenwashing regulated?
Consumer protection legislation is not intended to result in a reduction of claims. Instead, the legislation aims to ensure that businesses’ claims are accurate, verifiable and not misleading.
This overarching goal is usually provided for in a general prohibition of claims that do not meet this standard. Supporting guidance and/or principles-based codes might also be in place, with examples of non-compliant claims.[3]
How has the regulation changed?
The EmpCo Directive moved the dial from a general prohibition to more specific circumstances of when a claim will be considered misleading and unfair. These requirements were recently transposed in Ireland[4] and have applied since 27 September 2026.
Broadly speaking the legislation provides:
- A list of commercial practices that are prohibited under all circumstances, and
- Other misleading actions and omissions which, assessed on a case-by-case basis, cause or are likely to cause average consumers to take a transactional decision that they would not have taken otherwise.
Do the requirements apply to corporate claims?
The legislation is B2C, however Member States have the option of also applying the requirements at a business-to-business, or “B2B”, level. Generally the claims only apply to product-related claims, however a corporate claim, like one made in a sustainability report, can fall into scope if the advertisement or marketing is directed at consumers.
What types of claims fall within scope?
The legislation captures a wide variety of claims. It can include implied as well as stated claims. The claims can be made in text, pictorial, graphic or symbolic representation, such as labels, brand names, company names or a product name.
For environmental claims, the claim could indicate that the product:
- Has a positive or zero impact on the environment
- Is less damaging to the environment than other products, product categories, brands or traders, or
- Has improved its impact over time.
Must a claim be substantiated by third-party verification?
Third-party verification may be required according to the type of claim. For example, the implementation plan for future performance claims should be regularly verified by an independent third-party expert. In addition, the certification schemes for sustainability labels should be monitored by an independent third-party. Generally speaking, businesses will need to assess whether third-party verification will provide additional comfort to support the claim.
A Proposal for a Green Claims Directive[5] required third-party verification to support certain claims. The European Commission considered this would be a burden for micro-enterprises and we are waiting to see whether the Directive is progressed in future.
Even if third-party verification is not required, businesses should still ensure they have processes in place to check that the claims are not misleading. This could be a lengthy process, particularly if it requires an assessment of the full life cycle of a product and input from different departments.
Conclusion
Environmental and social claims can incentivise consumers to purchase a product. However, the European Commission, consumer watchdogs and enforcement authorities have identified an increase in claims that are potentially misleading.
The UCPD prohibits unfair commercial practices that mislead consumers. The EmpCo Directive has, since 27 September 2026, prohibited certain claims and introduced a legal test for when other claims could still be misleading.
Businesses should ensure their claims are not misleading. Information may be required for the whole life cycle of a product, and input may be needed from different internal departments, senior management and potentially external consultants.
For more information on the impact these requirements could have on your business, please contact a member of our Planning & Environment team.
The content of this article is provided for information purposes only and does not constitute legal or other advice.
[1] (EU) 2024/825
[2] 2005/29/EC
[3] For example, the UK has published a “Green Claims Code"
[4] S.I. No. 124/2026 - European Union (Empowering Consumers for the Green Transition) Regulations 2026
[5] COM(2023) 166 fina
