This article explains what the EmpCo Directive covers, which claims now pose a risk and what to look for when ordering branded promotional products before an environmental promise appears on hundreds of items.
What seems like a responsible purchasing decision can become a legal problem. Since 27 September 2026, stricter rules on environmental advertising have applied in Germany. The EmpCo Directive aims to prevent products from appearing more environmentally beneficial than they really are through vague sustainability claims.
What is the EmpCo Directive?
EmpCo stands for Empowering Consumers for the Green Transition. EU Directive 2024/825 aims to protect consumers against misleading environmental advertising and help them make informed purchasing decisions. Member States had until 27 March 2026 to transpose it; the new rules have applied since 27 September 2026. In Germany, implementation was primarily through amendments to the Act Against Unfair Competition (UWG).
The rules focus on voluntary environmental claims made to consumers, including advertising copy, product names, labels and certain visual representations. They do not prohibit every environmental claim. They do, however, set clear limits on sweeping, unsupported or exaggerated statements.
A promotional product is often first purchased in a business-to-business transaction, then handed to consumers at a trade fair or customer event. The new EmpCo prohibitions directly concern business-to-consumer commercial practices. Purely B2B communications must be assessed separately, although general rules against misleading statements still apply in commercial dealings.
Businesses looking for personalised sustainable promotional products should therefore consider the item and the intended marketing message together.
Which environmental claims are now prohibited?
A single word can make a big promise. “Green” suggests environmentally responsible production. “Natural” may evoke renewable raw materials. “Climate-neutral” can give the impression that a product has no effect on the climate.
But what can actually be substantiated? EmpCo addresses several kinds of problematic environmental communication. The issue is not simply individual words, but also the impression a claim creates for consumers.
| Type of environmental claim | What is problematic or prohibited under the new rules |
|---|---|
| Generic environmental claims | Statements such as “environmentally friendly” or “green” where no relevant, recognised excellent environmental performance can be demonstrated. |
| Sustainability labels | Voluntary labels that are neither based on an appropriate certification scheme nor established by a public authority. |
| Climate-neutrality claims | Product claims of a neutral, reduced or positive greenhouse gas impact where that impact is presented as being achieved through emissions offsetting. |
| Claims about the entire product | Claims implying an environmental benefit for the whole product or business when the benefit actually relates only to one component or activity. |
| Legally required features | Presenting a requirement that already applies to all products in the relevant category as a special feature of the company's own offer. |
A requirement that is already mandatory by law is not a special environmental achievement. “Free from substance X” is not a differentiating feature if substance X is prohibited for every product in that category.
The important distinction is between a broad promise and a specific, verifiable fact. Even a precise number does not automatically make an advertising claim permissible. What matters is what the figure refers to, how it was calculated and whether the audience can understand it correctly.
Greenwashing examples for promotional products
Greenwashing does not always begin with invented product features. Often a genuine attribute is turned into a much bigger promise. A manufacturer uses recycled aluminium for a pen barrel, but the advertising turns that into a “completely sustainable pen”. The first statement may be verifiable; the second goes much further.
Small printing surfaces make this especially tempting. There is little room for context on a pen or hang tag. These fictional examples show how claims can become more specific:
| Before: risky wording | After: more specific wording |
|---|---|
| “Environmentally friendly pen” | “Barrel made from 80% recycled aluminium” |
| “100% sustainable T-shirt” | “T-shirt made from 100% organic cotton” |
| “Green notebook” | “Cover made from recycled cardboard” |
| “Climate-neutral water bottle” | “Bottle body made from 70% recycled stainless steel” |
| “Eco-friendly tote bag” | “Tote bag made from 100% recycled cotton” |
All material percentages in this table are hypothetical examples, not verified features of specific Loopper products. Even when a percentage is accurate, it does not establish that the product has a lower overall environmental footprint. Material composition is useful information, not permission to make a sweeping green claim.
The distinction matters across product categories. With personalised eco pens, a recycled-content claim may concern only the barrel, while other components are made from different materials.
For branded clothing, fibre composition and certification may matter. With eco notebooks, it should be clear whether a statement describes the paper, the cover or the entire notebook.
What this means for promotional products with your logo
The most important question arises well before artwork approval: where did the information in your advertising come from? Price, minimum order quantity and print colour are usually easy to establish. Environmental information deserves closer scrutiny.
Questions to ask your supplier
Which component is covered? Is the entire product made from the stated material, or only its barrel, cover or packaging? What percentage does it contain? Is that measured against the specific component or the whole product? What documentation is available? Are there appropriate technical records, supplier declarations or certification documents? What exactly is certified? A certified company does not mean every product it sells carries that certification.
These questions are particularly relevant for products with multiple components. A personalised laptop bag may contain different materials in its outer fabric, lining, zip and handles. A blanket claim about the entire bag may therefore be inaccurate.
GOTS, FSC and GRS: understanding the evidence
Different standards may be relevant depending on the product: GOTS for certain textiles and supply chains, FSC for paper and wood products, and GRS for certain recycled materials and supply chains. Each standard has its own scope and limitations. None should automatically be treated as proof that a product is sustainable in every respect.
Printing also deserves scrutiny. Loopper's English-language guide to printing techniques explains different methods, but no overall environmental benefit should be inferred from a particular technique without suitable evidence.
For textile items such as personalised eco towels, it is worth examining fibre information and the exact scope of any certification. Certification of one material characteristic does not necessarily cover every production step.
The product still needs to be useful
A promotional item has to do more than look good on an order form. It should fit into everyday life: a pen that gets used regularly, a bag taken on the commute or a water bottle people actually carry. None of these uses automatically proves a smaller environmental footprint. But genuine need and practical usefulness are sensible selection criteria before making material-related promises.
The distinction also matters with water bottles made in the EU: documented origin is a specific fact, not by itself proof that a bottle is environmentally better than comparable products made elsewhere.
Digital Product Passport: what comes next?
Alongside EmpCo, the EU is changing how product information is made available. One key framework is the Ecodesign for Sustainable Products Regulation (ESPR), Regulation (EU) 2024/1781. One of its tools is the Digital Product Passport (DPP), intended to make information about certain products digitally accessible. Exactly what information must be included depends on the product-specific rules.
Depending on the category, this may include information about materials, origin, durability, repairability or recycling. A product passport is therefore a tool for making product data accessible, not simply another “green” label.
Is it already mandatory for all promotional products?
No. Requirements are being developed and introduced gradually for different product groups. The ESPR working plan for 2025–2030 prioritises, among others, textiles, furniture, iron, steel and aluminium. Textile promotional gifts may eventually be affected by relevant rules, but there is no single implementation date for all promotional merchandise.
For multi-component items, including branded electronic gadgets, detailed material and product data can be particularly useful in procurement. Whether and when an individual product becomes subject to passport requirements depends on the applicable product-specific legislation.
EmpCo and ESPR are separate legal instruments. Having a Digital Product Passport does not automatically make an environmental claim permissible. Still, gathering reliable product information early is a sensible step towards more responsible procurement.
Checklist for choosing sustainable promotional products
These eight checks help connect product selection with environmental communication without letting unsupported promises creep into your order:
- Check the need: Will the product genuinely be useful to the target audience?
- Ask about materials: Which components and material percentages are documented?
- Review evidence: Are product records and valid certification documents available?
- Define the claim: Does it refer to the whole product, one component or the packaging?
- Review advertising copy: Have generic environmental promises and prohibited climate-neutrality claims been ruled out?
- Question labels: Is the sustainability label based on a suitable certification scheme or established by a public authority?
- Keep records: Can the underlying data and approved claims be retrieved internally?
- Check existing stock: Have older labels, packaging and campaign texts been reviewed?
The essential point is that your message must match the product. With personalised caps, the textile fibres may be relevant. With bamboo fans, the mere use of bamboo should not be presented as proof of a low overall environmental impact. Material, origin and actual environmental performance are different types of information.
What happens to products already in stock?
Older stock carrying existing environmental claims on labels or packaging deserves particular attention. Germany's Section 15b UWG introduces a good-faith and proportionality assessment for certain injunction claims relating to goods placed on the market before 27 September 2026. Factors include the seriousness of the infringement, efforts to remedy it, costs and the possible environmental impact of removing goods.
This is not a blanket permission to sell through existing stock. Businesses should document when goods were placed on the market and obtain legal advice on the specific wording rather than assuming there is a general grace period.
Make fewer promises and explain more precisely
The EmpCo Directive demands a different approach to environmental messaging. Rather than calling a product “sustainable” in general terms, businesses can explain exactly which materials it contains, what evidence is available and what each claim actually relates to.
A promotional item containing recycled material still uses resources. Acknowledging that limitation does not weaken credible environmental communication. It makes the message easier to understand.
This article is for general information only and does not constitute legal advice. Legal assessments depend on the specific claim, product and context in which it is used.
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