Greenwashing Regulations Are Tightening – Five Key Points You Need to Know Before September 2026

Unclear environmental pledges are ending. New laws are drawing clear and enforceable lines around what companies can and cannot say about their environmental, and sustainability, credentials. The EU's Greenwashing Directive, or the ‘EmpCo’ , formally Directive (EU) 2024/825 on empowering consumers for the green transition, aims to improve the functioning of the internal market and support the green transition by ensuring that consumers can make informed, environmentally sound choices.

New EU-level rules will start to apply by 27.9.2026 and the time to review your sustainability and environmental communications is now.

(NOTE: national transposition and timelines vary, and the local laws do issue different timelines for national compliance.)

One of the most important and often underestimated aspects of the new rules is how broadly the concept of an "environmental claim" is defined. 

An environmental claim covers any voluntary message or representation that suggests a product, product range, brand, or trader has a positive or improved environmental impact, no environmental impact, or a less harmful impact than others. 

An environmental claim can take the form of text, imagery, graphics, or symbols, and it can also appear as a marketing name, a company name, or a product name. This means that a company's exposure to greenwashing risk is not limited to advertising or product labels. Even a product or brand name, or packaging context can constitute an environmental claim. It is also notable that a even trademark protection will not exempt it from the assessment of whether it is misleading under the new rules. 

Businesses should audit not only their marketing statements, but their entire visual identity and product/brand naming conventions. 

The directive strengthens the so-called "black list" of commercial practices that are considered unfair in all circumstances. With the black-listed practices, no case-by-case assessment is required, as there is no need to demonstrate that a consumer was actually influenced in their purchasing decision. 

The prohibitions on the black list are considered "always unfair" and their application does not require proof that the claim affected a consumer's purchasing decision. Nevertheless, all instances of using these claims must be combed through case-by-case, to identify whether such practices have been used. 

Here are the key categories of prohibited conduct: 

1. Sustainability Labels Without Proper Certification 

It is prohibited to display a sustainability label that is not based on a certification scheme or has not been established by a public authority. A sustainability label is a voluntary public or private label that promotes sales by referring to environmental or social characteristics, and detailed requirements apply to certification schemes regarding transparency, the development of requirements, sanctions, and objective third-party monitoring. 

In other words, creating own logos or certification marks without an accredited framework behind it will no longer be permissible. 

2. Generic Environmental Claims such as  "Eco", "Green", "Environmentally Friendly" 

A generic environmental claim is one that is not specified clearly and visibly in the same communication. It is prohibited to make a generic environmental claim unless the trader is able to demonstrate a recognised excellent environmental performance level relevant to the claim. There is no exclusive list of prohibited words or phrases, nor a list of safe claims. Therefore, each claim must be reviewed on a case-by-case basis to assess whether it can be understood as a generic claim also from the legal terminology point of view. 

Recognised standards that can support such claims include the EU Ecolabel and officially recognised Type I ecolabel schemes under EN ISO 14024. These include the Nordic Swan Ecolabel. These will remain permissible and can continue to be used to demonstrate excellent performance levels and underpin generic environmental claims. 

Terms like "eco", "green", "sustainable", or "planet-friendly" used without specific substantiation are set to become legally problematic. 

3. Claims That Misrepresent Scope 

It is prohibited to present an environmental claim about an entire product or an entire business when the claim only relates to a specific component of the product or a specific activity of the trader. 

If only the packaging is recycled, it is not possible to market the entire product as environmentally friendly. 

4. Carbon Offset-Based Neutrality Claims: "Carbon Neutral", "Net Zero" 

It is prohibited to present a claim based on the offsetting of greenhouse gas emissions suggesting that a product has a neutral, reduced, or positive impact on the environment in terms of emissions. 

This is a significant development if the environmental messaging is built around carbon offsetting schemes. Offset-based neutrality claims for products are, under the new rules, categorically prohibited. 

5. Future-Oriented Claims: "Net Zero by 2030" Requires Real Substance 

Many businesses communicate ambitious targets, like net zero by 2030, carbon neutrality by 2040. Under the new framework, these claims are subject to strict substantiation requirements. 

A future-oriented environmental claim is misleading if it is presented without clear, objective, publicly available and verifiable commitments set out in a detailed and realistic implementation plan. These must include measurable and time-bound targets, resource allocation, and regular independent verification by a third-party expert whose findings are made available to consumers. 

This is explicitly a new element introduced by the legislation: future-oriented claims are only permissible where they are based on credible and detailed plans, the progress of which is also monitored.

The Green Claims Directive was to be transposed into national law by 27.3.2026 and will begin to apply from 27.9.2026. 

The national transposition timeline varies, and in many instances the national laws are not yet in force. 

The Finnish implementing legislation is intended to enter into force on 27.9.2026. The Finnish legislative proposal also outlines a national six-month transitional period for certain provisions relating to sustainability labels and environmental claims until 27.3.2027. 

The Swedish implementation is currently underway, with expected entry into force on 1.1.2027. 

Businesses should plan on the basis that the rules will be applicable from 27.9.2026, while observing the national differences and any eventual grace periods. 

For full understanding of the requirements of the Greenwashing rules, and how to comply, it is advisable to always consult a legal expert.

Fondia's corporate responsibility and sustainable development experts work at the intersection of sustainability and law, helping companies navigate the full scope of greenwashing regulation: from initial risk mapping to claim-by-claim compliance review. 

We can help you: 

• Classify and review your existing environmental claims across all channels and formats, including product names, labels, and visual branding 

• Build a greenwashing risk map and prioritise the actions needed before 27.9.2026 

• Structure your future-oriented claims including net zero and carbon neutrality commitments, with the implementation plans 

• Advise on certification schemes and recognised standards that can legitimately strengthen your sustainability communications