EmpCo adds the following new entries to Annex I to the UCPD – the “blacklist” of commercial practices that are automatically deemed to be unfair in all circumstances, regardless of their effect on any particular consumer. 

Sustainability labels not backed by a qualifying scheme or public authority

Displaying a sustainability label that is not based on a compliant certification scheme or established by a public authority is prohibited.

A “certification scheme” must satisfy minimum conditions: it must be publicly available, open to all traders on fair terms, developed with the involvement of experts and stakeholders, and subject to non-compliance procedures and objective third-party monitoring by an independent competent entity. Existing schemes that do not yet meet these conditions must be adapted by 27 September 2026.

Labels established by non-EU public authorities are also prohibited unless they are based on a qualifying certification scheme.

Businesses should also review their green iconography and trust-mark-style visuals. A “leaf” icon or water drop, when combined with sustainability-related logos or statements, may be perceived by the average consumer as a voluntary trust or quality mark even where no formal label was intended.

Generic environmental claims

Making a generic environmental claim will be prohibited unless the trader can demonstrate “recognised excellent environmental performance” relevant to the claim or unless the claim is clearly and prominently specified on the same medium.

“Recognised excellent environmental performance” can be demonstrated via the EU Ecolabel, officially recognised EN ISO 14024 Type I ecolabel schemes, or “top environmental performance” under other applicable EU law provided the standard used is relevant to the specific claim being made.

For example, the indication “climate-friendly packaging” (without further specification) is a generic claim and will be prohibited unless “recognised excellent environmental performance” can be demonstrated. By contrast, “100% of the energy used to produce this packaging comes from renewable sources” is a specific claim. However, its permissibility will depend on how the claim is presented and whether evidence is provided to support it.

Overly broad claims

It is prohibited to make an environmental claim about an entire product or a trader’s entire business when the claim in fact concerns only a certain aspect of the product or a specific activity of the trader.

For instance, it is prohibited to imply that an entire product is recycled when only its packaging is recycled or to imply that a trader uses only renewable energy when parts of the business still rely on fossil fuels.

Offsetting-based “neutrality” claims about products

Claiming, based on the offsetting of greenhouse gas emissions, that a product has a neutral, reduced, or positive environmental impact, is prohibited. 

A typical example would be claiming that a specific flight is climate neutral because the airline invests in a reforestation project in a tropical rainforest. 

The prohibition does not apply when a “climate neutral, reduced or positive” claim is based on the actual emissions footprint of the product itself, considering its value chain and actual lifecycle. 

Companies will still be able to market their investments in environmental initiatives, including carbon credit or offset projects, provided this is done transparently and does not mislead consumers into believing the company’s product has no environmental impact.

Presenting legal requirements as distinctive features

It is prohibited to present requirements imposed by law on all products within the relevant product category on the EU market as a distinctive feature of the trader’s offer. 

For instance, highlighting that a product “contains no banned chemicals” when the relevant chemicals are already prohibited across the entire product category by EU law would not be permitted.

There is a carve-out where the legal requirement does not apply to all competing products. For example, where certain third-country products are exempt from the relevant rule, a trader whose product complies may highlight this.

Planned obsolescence and durability

EmpCo adds seven further entries in Annex I targeting practices that undermine product durability and repairability. These cover: 

withholding information that a software update will negatively affect the functioning of hardware or the use of goods; presenting a software update as necessary when it only serves to improve features; marketing goods with built-in features that limit durability where the trader has information about those features; making false durability claims; presenting goods as repairable when they are not; inducing premature replacement of consumables contrary to instructions or technical specifications; and falsely claiming, or withholding information, that non-trader-supplied spare parts, consumables, or accessories will impair the goods.