EmpCo & Fashion Retail: Risks for Online Shops from 2026

From 27 September 2026, the EU Directive 2024/825 (EmpCo) will tighten the requirements for environmental claims in competition law. The fashion trade is particularly affected, as it frequently advertises with sustainability aspects. Marketing managers must review and adapt their communication to avoid warnings and fines.

Risks of Misleading Sustainability Advertising

The EmpCo Directive prohibits generic claims such as “sustainable” or “environmentally friendly” without concrete evidence (Annex I No. 4a UCPD as amended by EmpCo). In the fashion sector, this particularly affects the promotion of entire collections as “Eco Collection” or “Sustainable Style”. It is not sufficient if only individual products within the collection meet certain standards. All articles must prove the advertised criteria. Courts have already criticised misleading sustainability statements in similar cases under Section 5 UWG and the EmpCo Directive (EU 2024/825), illustrating the increasing sensitivity of the courts.

Specific Requirements for Product Descriptions

To advertise legally, fashion online shops must provide concrete and measurable information.

* Material Information: “Made from recycled polyester” is not permissible. Correctly stated would be, for example: “65% recycled polyester (Global Recycled Standard, GRS certificate number XYZ), 35% cotton (EU organic certificate, DE-ÖKO-001)”. * Production Location: “Made in Europe” is misleading if only the cutting and sewing take place in Europe, but the materials come from Asia. The complete production path must be disclosed. * Certificates: The use of recognised certificates such as EU-Bio, GOTS, OEKO-TEX 100 or Fairtrade FLO is permissible, provided the certificates are valid and the products meet the corresponding criteria. The licence numbers must be stated. * Climate Neutrality: Claims of climate neutrality are generally prohibited with offsetting mechanisms (Annex I No. 4c UCPD as amended by EmpCo). The Bundesgerichtshof (BGH, German Federal Court of Justice) confirmed this in the Katjes case (I ZR 98/23) on 27 June 2024. Exceptions may apply if the compensation is based on recognised standards such as the Gold Standard or the VCS and is transparently disclosed.

What the EmpCo Directive means for marketing managers

From 27 September 2026, the following aspects determine whether product communication in the fashion trade conforms to the EmpCo Directive:

1. Scope of the claims: All product descriptions, marketing materials and website content containing environmental claims fall within the scope of the Directive; inadmissible claims and missing substantiation create legal risk.
2. Substantiation obligation: Sustainability claims require substantiation through relevant certificates, material compositions, production locations and other verifiable evidence.
3. Generic terms: Vague terms such as “sustainable” or “environmentally friendly” without concrete and measurable information are classified as misleading.
4. Employee awareness: Because the requirements apply to all public communication, staff involved in marketing are affected by the new rules.
5. Legal assessment: Whether a marketing strategy complies with the EmpCo Directive is a legal question; this article does not constitute legal advice.

Under the EmpCo Directive, transparent and traceable information about product sustainability is the prerequisite for legally admissible advertising.