Which sustainability claims on packaging are now prohibited
Since September 27, 2026, Dutch law includes twelve new commercial practices that are considered misleading under all circumstances. These are listed in Article 6:193g of the Civil Code, points ab through am. Four concern environmental claims and labels, one concerns legal requirements as a selling point, and the remainder concern lifespan and repair.
These provisions originate from Directive (EU) 2024/825, commonly known as the EmpCo Directive. The Netherlands implemented this through the Implementation Act for the Directive on Improving Sustainability Information for Consumers, Bulletin of Acts and Decrees 2026, 152. The law amends Book 6 of the Civil Code. The Authority for Consumers and Markets (ACM) has been designated as the regulator.
Misleading under all circumstances means that the regulator does not need to prove that the consumer was actually misled. The practice is blacklisted. Consequently, it is prohibited regardless of the context.
| Point | What is prohibited | Primarily affects |
|---|---|---|
| ab | Displaying a sustainability label that is not based on a certification scheme or established by a public authority | Proprietary logos on the box |
| ac | Making a generic environmental claim without recognized excellent environmental performance | Green, eco, environmentally friendly |
| ad | Making an environmental claim about the entire product when it only applies to a specific part | Recycled material |
| ae | Claiming that a product has a neutral or positive impact through greenhouse gas offsetting | Climate neutral, CO2 neutral |
| af | Presenting legally mandatory requirements as a distinguishing feature of your offer | CE, RoHS, EU standards in listings |
| ag, ah | Withholding that a software update has a negative impact. Presenting an update as necessary when it only adds functions | Products with an app |
| ai | Advertising a product with a feature that deliberately limits its lifespan | Planned obsolescence |
| aj | Falsely claiming that a product has a certain lifespan | Lasts ten years |
| ak | Presenting a product as repairable when it is not | Repairable, sustainable design |
| al, am | Inducing premature replacement of consumables. Falsely claiming that non-original parts impair functionality | Filters, cartridges, accessories |
Whether you can still use ‘eco’
A general environmental claim such as green, ecological, environmentally friendly, or biodegradable is only permitted when you can demonstrate recognized excellent environmental performance. This can be achieved in three ways: the EU Ecolabel, a national Type I ecolabel such as Milieukeur, or a top-tier rating under other European legislation, such as the energy label.
The legislator specifies the terms covered in the recitals of the directive itself: environmentally friendly, eco-conscious, green, nature-friendly, ecological, ecologically responsible, climate-friendly, gentle on the environment, low-carbon, energy-efficient, biodegradable, and bio-based.
There is a second route, which is the most practical for most brands. An environmental claim is only generic when the specification is missing. If you place the substantiation clearly on the same medium—such as the same box or the same product page—then the claim is not generic. The prohibition of point ac then does not apply.
‘Climate-friendly packaging’ is a generic claim. ‘100 percent of the energy used to produce this packaging comes from renewable sources’ is a specific claim. The latter does not fall under the prohibition, but it must, of course, be true and substantiated.
Be careful about what you use as a specification. The claim and the substantiation must concern the same thing. ‘Energy-efficient’ may be substantiated with an energy label under Regulation (EU) 2017/1369. ‘Biodegradable’ cannot be substantiated with the EU Ecolabel if that label does not set biodegradability requirements for your product group.
Terms such as ‘conscious’, ‘sustainable’, or ‘responsible’ fall outside the ecolabel escape route anyway. These words refer not only to environmental characteristics but also to social characteristics, which an eco-label says nothing about.
What happens to your proprietary sustainability logo
You may only display a sustainability label if it is based on a certification scheme or established by a public authority. A self-designed green circle with the word ‘eco’ in it is no longer allowed. According to the Commission, labels from public authorities outside the European Union are also excluded unless they are backed by a certification scheme.
A certification scheme is strictly defined in the law. It must be open to all traders under fair conditions. The requirements must be developed with experts. There must be a procedure for non-compliance, including suspension or withdrawal of the label. Oversight must be conducted by an independent third party. A proprietary brand program without external auditing does not meet these criteria.
For brands manufacturing in Asia, there is a second pitfall. In its Q of September 22, 2026, the Commission states that labels from public authorities outside the Union do not fall under the exception. A national environmental label from the country of production is therefore not a free pass unless a certification scheme is behind it.
The concept of a ‘label’ is broader than just a logo with a name. The Commission explicitly warns against visual elements in the artwork. Green leaves, water droplets, and similar nature icons can be interpreted by the average consumer as an implicit environmental claim or as a voluntary label. This depends on the context, placement, and the overall impression of the packaging.
The benchmark is the average consumer: reasonably well-informed, observant, and circumspect. This is not a statistical test. The ACM does not need to conduct consumer research to determine that your leaf icon comes across as a label.
Why ‘CE-approved’ is no longer a selling point
Since September 27, 2026, it is misleading under all circumstances to present a legal obligation as a distinguishing feature of your offer. CE marking, RoHS, or an EU safety standard applies to every product in the category. Including such a requirement in your product description as a benefit is therefore no longer permitted.
This is point af, listed as point 10 bis of the blacklist in the directive. It is placed among the environmental provisions but does not concern sustainability. For brands selling via marketplaces, this is an immediate issue. The type of bullet point targeted by this prohibition includes ‘CE-approved’, ‘meets all EU safety standards’, or ‘RoHS-compliant’.
The prohibition does not concern the marking itself. Affixing the CE marking remains mandatory where legislation requires it. The Declaration of Conformity remains the document you sign. It concerns the presentation: you may not present the obligation as something that distinguishes your offer.
There is an exception, which is strictly limited. The Commission confirms that the prohibition does not apply if the requirement only applies to a part of the category. Competing products on the Union market would then fall outside of it. If the requirement applies to everything in your category, you fall under the prohibition. The same reasoning applies to requirements from third countries.
A related prohibition is found in Article 6:193c of the Civil Code: advertising a benefit that is both irrelevant and does not result from any characteristic of the product. The directive cites ‘gluten-free bottled water’ as an example. Water naturally contains no gluten, so it is not a characteristic of that brand. ‘Nickel-free jewelry’ is permitted, as some jewelry does indeed contain nickel.
What to do with packaging that has already been printed
There is no transitional arrangement for old stock. The rules also apply to packaging that was already printed or delivered before September 27, 2026. However, European consumer authorities have agreed that in cases of genuine transitional problems, they will enforce in phases and not immediately demand destruction or recall.
This agreement is set out in the ‘Common Understanding on old stock situations’ by the Consumer Protection Cooperation Network, the association of European consumer authorities. The ACM published the document on July 1, 2026, with a Dutch explanatory note. It is explicitly not a binding interpretation of the directive, but a shared approach for how regulators exercise their powers.
The core principle is that authorities can take objective constraints into account: packaging cycles, stock volumes, previously placed production orders, supply chain dependencies, long shelf life, and the technical feasibility of a correction. They may refrain from requiring destruction or a recall if it would result in disproportionate costs or unnecessary environmental damage.
In return, they expect certain efforts from you. The document lists the actions they consider reasonable:
- Removing or correcting online claims. Digital communications can be adjusted today, so that is the first thing they will look at.
- Updating advertisements and promotional materials. The same argument as above.
- Adjusting new packaging and new orders. What has not yet been printed must go to press correctly.
- Applying stickers or removing labeling where feasible and proportionate.
- Displaying corrective information at the point of sale, including online, for the products concerned.
- Coordinating with suppliers and other parties in the chain.
- Documenting what you did and when, including internal guidelines and substantiation work.
This last point is the one brands often underestimate. The phased approach applies to those who are demonstrably taking action. Without a file showing what you adjusted and when, you have no demonstrable effort. In that case, there is nothing for the regulator to take into account.
Do you have doubts about a claim on your packaging?
Briefly let us know which product is involved. We will contact you regarding what we can do and the associated costs.
We respond within 24 hours on business days. You may continue reading.
How the Packaging Regulation overlaps
Two regimes overlap on packaging. Consumer rules determine whether you may make a claim. The Packaging Regulation additionally sets requirements for claims about recyclability, recycled content, and reusability. Those claims may only be made if they exceed the legal minimum requirement. You must demonstrate this in your technical documentation.
Article 14 of Regulation (EU) 2025/40, the PPWR, has been in effect since August 12, 2026. It sets two requirements for an environmental claim about a packaging property for which the regulation itself provides rules. The claim may only concern what exceeds the minimum requirements, calculated according to the methods in that regulation. Additionally, the claim must specify what it applies to: the packaging unit, a part thereof, or all packaging you place on the market.
The final sentence of that article is what determines the workload. Compliance with these requirements must be evident from the technical documentation accompanying the packaging, as referred to in Annex VII. A recyclability claim is therefore no longer a marketing choice but a file item alongside your conformity assessment.
In practical terms, this means the following: ‘100 percent recyclable’ has only been a valid claim since August 12, 2026, if you can show that your packaging exceeds the minimum requirement of the PPWR. You calculate this using the rules from that regulation. Anyone without that substantiation is making a claim that goes too far under both the Packaging Regulation and Article 6:193g of the Civil Code.
What to remove from your box now
Start with the artwork files held by your supplier, not your website. Inventory every claim, every logo, and every green visual element on the box, label, and manual. Document the basis for each claim. Only then should you determine what must be removed, what you will specify, and what can remain.
- Retrieve the artwork from your supplier. Not the sales photo, but the print file, including multilingual variants. These often contain claims that never passed through your marketing department.
- Mark three categories. Text claims. Logos and labels. Visual elements such as leaves, earth, water droplets, and green areas.
- Find the substantiation for each claim. A test report, a certificate, a calculation, or nothing. ‘Nothing’ is also a result. Then you know the claim must be removed.
- Test the labels. Is the label based on a certification scheme with independent oversight, or was it established by an EU public authority? If not, it must be removed.
- Delete offsetting claims. ‘Climate neutral’ and ‘CO2 neutral’ based on offsetting have no substantiation that overrides this prohibition.
- Check your listings against point af. CE, RoHS, EU standards, and other obligations do not belong in the selling points.
- Document the planning. Which communication you will adjust and when, which stock is running out, and when the new artwork will go to the printer.
The last point is also the most cost-effective. You can adjust online communications yourself. Printed stock is the expensive part. For that specifically, the documented planning serves as proof of a demonstrable effort.
- Directive (EU) 2024/825 as regards empowering consumers for the green transition, text on EUR-Lex
- Civil Code Book 6, Article 193a and Article 193g, text on wetten.overheid.nl
- Implementation Act for the Directive on Improving Sustainability Information for Consumers, Bulletin of Acts and Decrees 2026, 152
- European Commission, Questions and Answers on the ECGT Directive, September 22, 2026, Commission page
- Consumer Protection Cooperation Network, Common Understanding on old stock situations, June 2026, ACM explanatory note
- ACM, Guidelines on Sustainability Claims version 2, ACM page
- Regulation (EU) 2025/40 on packaging and packaging waste, Article 14, text on EUR-Lex
Legal expert with a background in e-commerce. Writes about the rules he applies daily in files for brands and manufacturers. More about Francois
Frequently Asked Questions
Can I still put ‘sustainable’ or ‘green’ on my packaging?
Does this also apply if I only sell to businesses?
Do I have to destroy my existing stock?
Can I put ‘CE-approved’ in my product description?
Does a green leaf on my box count as a claim?
Who is liable if my supplier put the claim on the box?
Prefer not to figure it out yourself?
We assess packaging, labels, and manuals for brands and manufacturers and document the substantiation in your file. Quote within 24 hours with a fixed price and turnaround time.
View the packaging service