The other enforcers
The Directive amends the EU's long-standing framework on unfair commercial practices. Alongside enforcement by national authorities, that framework creates routes for other parties to act.
- Competitors may be able to challenge misleading environmental claims under national unfair competition law.
- Consumer organisations and campaign groups can pursue or coordinate action under consumer protection law.
In practice, the first challenge to your claim may not come from an authority at all. It may come from the brand on the next shelf or from an advocacy group building a campaign.
Why this changes the calculus
The distinction matters because it increases the number of potential challengers and the reasons they may act. A regulator must allocate limited resources across an entire market. A competitor may have a direct commercial interest in challenging an overstatement, particularly if it has invested in substantiating its own claims.
A public greenwashing challenge can damage customer trust as well as create financial and legal risks.
The opportunity most brands miss
From 27 September 2026, vague and unsubstantiated green claims will face greater scrutiny. Brands that have done the work will be able to communicate from a more defensible position. Robust substantiation becomes a competitive asset because it allows you to communicate with confidence.
The Directive raises the evidentiary bar across the market. Prepared organisations can reduce their own exposure and gain a clearer basis for assessing the claims made around them. Organisations that continue to rely on vague messaging face greater risk from several directions, including potential effects on their market position.
What to do
Two priorities follow.
- First, make sure your own claims are ready for scrutiny: appropriately substantiated, using compliant labels and backed by evidence you can produce when needed.
- Second, understand the competitive landscape: where you are exposed relative to peers and where credible communication could set you apart as vague claims face closer scrutiny.
Assess your green claims
EmpCo is not only a compliance deadline. It changes the rules for how brands communicate about sustainability. The question is not only whether a regulator will act, but whether your claims can stand up to scrutiny from other parties. Contact us to assess your exposure.
Preparing for the EU’s new rules on environmental claims
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