Environmental claims and communication: managing old stock

I. Context

On 27 September 2026, the “Empowering Consumers for the Green Transition” directive (EU 2024/825), known as “EmpCo”, comes into force in the European Union. From that date, environmental and social claims, as well as sustainability labels used in communications aimed at European consumers, will have to comply with stricter rules introduced by directive (EU) 2024/825.

For companies, this raises the question of operational management for products already manufactured, ordered, distributed, or placed on shelves before 27 September.

The European Commission has just provided clarifications on this matter in its FAQ, updated on 22 September 2026. Question 18 is dedicated to “existing products” and specifies, in particular, the measures that may be considered for existing products or packaging whose claims will no longer be compliant with the new requirements.

This clarification is especially important for companies, which must now coordinate the entry into force of EmpCo with the management of stock already present in their distribution chain.

II. Management of Existing Stock

The Commission clarifies an important point: the new rules will also apply to environmental / social claims and sustainability labels appearing on existing products from 27 September 2026 onwards. There is therefore no general exemption for products already manufactured or already placed on the market.

However, the Commission specifies what is meant by “existing stock”: these are products or packaging bearing environmental claims or sustainability labels that were manufactured, ordered, distributed, or placed on distributors’ shelves before 27 September 2026.

The FAQ provides practical details on how companies can manage these stocks without necessarily having to withdraw all affected products immediately.

Thus, when claims or labels on packaging are no longer compliant with the new requirements, several corrective solutions can be considered, such as:

• Correcting or covering the claim with a sticker,
• Adding additional information at the point of sale, for example by clearly identifying the relevant products near their location on the shelf.

The objective is to enable effective compliance, while taking into account the specific constraints of existing stock.

III. The Role of National Authorities and Courts

The Commission emphasizes a proportionate approach based on the specific circumstances of each case.

Enforcement of the EmpCo Directive and the Unfair Commercial Practices Directive (UCPD) lies with national competent authorities and courts. Natural and legal persons may also be entitled, under certain national laws, to initiate enforcement proceedings before national courts.

This emphasizes the increasing risk of civil litigation arising from greenwashing and socialwashing practices.

In assessing the gravity of infringements and the specific circumstances of each case, national competent authorities and courts may take into account, among other factors, whether traders have made reasonable and proportionate efforts to comply, including with regard to products already in the distribution chain. This assessment should take due account of the principles of proportionality, legal certainty and legitimate expectations.

They may also consider, in light of the objectives pursued by the Directive, whether the measures necessary to ensure compliance would entail disproportionate costs or unnecessary environmental harm.

Finally, the Commission expressly refers to the Common Understanding developed by the competent national authorities of the Consumer Protection Cooperation (CPC) Network, with a view to supporting a consistent approach to the treatment of existing stock across the European Union.

IV. In practice

September, for existing and future stock.

This specifically involves:

• documenting the status of relevant stock as of this date in detail;
• identifying products, packaging, and communication materials bearing environmental claims or labels that may no longer be compliant;
• planning, where possible, simple and proportionate corrective solutions: additional labelling, stickers, information at the point of sale or in-shelf signage;
• updating future communications and new packaging;
• and keeping records of the measures taken and reasonable efforts made to ensure compliance.

The new FAQ thus provides useful clarification for companies: 27 September does not necessarily mean that all existing products must be withdrawn or destroyed, but the environmental communications accompanying them must be compatible with the new rules. The response will then need to be assessed based on the concrete situation, the available corrective measures, and the principle of proportionality.