Time to walk the talk: sustainability claims under the microscope

For businesses offering goods, services, digital content or digital services to consumers, 27 September 2026 marked a significant turning point. Misleading communications were already prohibited, but considerably stricter rules have applied since that date. Sustainability claims must be accurate, specific and verifiable. Any business making such a claim must be able to substantiate it as soon as it is challenged.

With the Empowering Consumers for the Green Transition Directive (EmpCo), the European Union aims to better protect consumers against misleading sustainability communication. For businesses, this represents a clear shift in direction. Whereas sustainability claims today are sometimes broadly formulated or commercially driven, the focus will now be on one key question: Can you prove what you communicate?

Not new, but stricter

The prohibition of misleading communication is not changing. What is changing is the standard companies must meet to substantiate sustainability claims. There is less room for interpretation, while expectations regarding transparency, documentation, and evidence are increasing.

From ambition to evidence-based communication

Consumers are currently inundated with terms such as eco-friendly, carbon neutral, and zero impact. In many cases, it is unclear what these terms actually mean or what they are based on. The European Union wants to put an end to this and improve the reliability of sustainability information.

The directive therefore explicitly targets misleading or unclear sustainability communication and addresses several practices.

1. No more vague environmental claims

General terms such as environmentally friendly or sustainable product will only be permitted if they are clearly defined and supported by verifiable evidence.

2. No more incomplete or exaggerated claims

This includes situations where:

• an entire product is presented as sustainable while only one component or characteristic is actually sustainable;

• legally required minimum standards are presented as an additional voluntary effort;

• products are marketed as climate neutral solely on the basis of carbon offsetting. From now on, only emission reductions achieved within the company's own value chain will count.

3. No more misleading labels

Self-developed sustainability labels without independent verification or certification will no longer be permitted.

4. No more unfair comparisons

Comparisons with other products must be objective, transparent, and verifiable.

5. No more irrelevant sustainability claims

Even factually correct claims can be problematic if they do not provide meaningful information for assessing the sustainability of a product or service.

6. Transparency about product lifespan and circularity

Companies may no longer mislead consumers about a product's lifespan, repairability, or repair costs. Products deliberately designed with a limited lifespan may no longer be promoted.

Mandatory pre-purchase information

The new rules also go beyond sustainability claims. Businesses must provide consumers with new and additional information before purchase, particularly regarding the legal guarantee, software updates, repairability and after-sales services.

For purchases made in a shop, showroom or office, this information must be clearly provided to the consumer before the contract is concluded.

These information requirements also apply to distance selling, such as through an online store, and to sales made off-premises. Separate rules apply in these situations. For online purchases, certain information must also be displayed clearly and prominently immediately before the consumer places their order.

• Legal guarantee: inform consumers about the legal guarantee applicable to goods. For goods, you must also state the main conditions, including the guarantee period, in a notice displayed in a clearly visible location.

• Software updates: for digital products or services, indicate the minimum period during which updates will remain available. This is only mandatory if the manufacturer or supplier has provided this information.

• Repairability: display the European repairability score where available. If no score is available yet, inform consumers about the availability and estimated cost of spare parts, as well as the available repair and maintenance instructions.

• After-sales services: inform consumers in advance about the terms and conditions of any repair, maintenance or other after-sales services offered.

For businesses, this means that not only marketing communications but also product information sheets and online sales processes must be reviewed. As several obligations rely on information provided by manufacturers or suppliers, a clear internal procedure is needed to collect, verify and accurately present this information to consumers before purchase.

What does this mean in practice for businesses?

The message is twofold: consumers must receive the required product and service information before making a purchase, and sustainability claims must be based on reliable and verifiable information.

This requires more than good intentions. Claims must be supported by accurate data, clearly defined assumptions and, in the case of CO₂ claims, a credible emissions reduction strategy. At the same time, the required consumer information and supporting evidence must be available in a timely manner across all relevant sales channels. Compliance therefore becomes a shared responsibility across marketing, sustainability, procurement, sales, finance, legal and compliance teams.

Sustainability communications and consumer information are thus evolving into a distinct area of risk management. Insufficiently substantiated claims or missing mandatory information can lead to complaints, regulatory inspections and reputational damage.

Not just a risk of fines, but also of reputational damage

The potential penalties are substantial. Member States may impose fines of at least 4% of a company's annual turnover.

Equally important is the impact on the trust of customers, investors, and other stakeholders. Sustainability claims that later have to be withdrawn or amended can quickly undermine a company's credibility. And that trust is becoming an increasingly decisive factor in a market where sustainability is a key differentiator.

How can Vandelanotte support you?

What initially appears to be a communication challenge also concerns data quality, internal controls, and governance. Vandelanotte helps companies translate the new directive into a practical, audit-ready approach.

We support you by:

• identifying the new, expanded pre-contractual information requirements for consumers;

• critically reviewing existing sustainability claims;

• identifying greenwashing risks;

• strengthening the underlying data and documentation;

• developing a clear and compliant sustainability communication policy.

This enables your organization not only to comply with the new legislation, but also to build credible sustainability communication that strengthens the trust of customers and other stakeholders.