Fashion & Textiles: Greenwashing Risk 2026
The fashion industry is particularly in the crosshairs following EmpCo: generic sustainability labels and unsubstantiated environmental claims on clothing have repeatedly been the subject of consumer protection scrutiny. For example, proceedings by the Dutch Consumer Protection Authority ACM in 2022 led fashion retailers to adapt insufficiently substantiated sustainability claims and revise the labels concerned. From 27 September 2026, all generic environmental claims without concrete, measurable proof are considered misleading under § 5 UWG as amended — regardless of whether on product labels, in online shops or in advertising.
Typical claims in Fashion & Textiles
- „sustainable collection"
- „eco fashion"
- „environmentally friendly materials"
- „fairly produced"
- „conscious"
- „green line"
- „recycled fibres"
- „climate-neutral T-shirt"
- „low-water dyeing"
- „circular fashion"
Concrete examples (red/amber)
- 'Sustainable Collection' without GOTS certificate — generic sustainability claim without recognised proof
- 'Eco-friendly T-shirt' with 20% recycled polyester (remainder virgin) without percentage disclosure
- 'Conscious' — generic term without measurable criterion
- 'Climate-neutral shirt' through planting instead of own emission reduction
- 'Made in Europe' for garments made in Bangladesh with final finishing in Portugal
Recognised certificates
Frequently asked questions
May I advertise 'recycled' on a T-shirt?
Only with percentage disclosure and source information. Example: '65% recycled polyester (GRS-certified)' is permitted, 'made from recycled material' alone is not. The EU Ecolabel requires at least 80% recycled material to advertise as 'recycled'.
Is 'Made in Europe' a greenwashing claim?
Not per se, but misleading if only the final assembly takes place in Europe. According to Art. 60 UZK: Made-in country = last substantial processing or working. In fashion this is often abused — e.g. fabric from Bangladesh, sewing in Portugal = legally 'Made in EU', but misleading.
What does 'circular fashion' mean legally?
Legally, 'circular' is not defined — therefore prohibited without substantiation (EmpCo Annex I No. 4a). Anyone wishing to use the term must provide measurable circularity indicators: % recycled material, take-back programme, repair service, life cycle analysis (LCA).
Is a single organic cotton shirt in the collection sufficient for 'sustainable collection'?
No. If the collection is advertised as 'sustainable', the underlying minimum standards must apply to all items in the collection, not just to individual hero pieces.
How high are the warning costs in the fashion industry?
Warning costs depend on the value in dispute and the effort involved and can rise considerably for repeat offences. Added to this are possible proceedings by authorities and the cost of adapting the contested communication.
Empcora is a pure checking and documentation service and provides general information only on the legal situation based on the EmpCo Directive (EU 2024/825) and the unfair-competition / consumer-protection law transposing it in your jurisdiction including references. This is not individual legal advice and includes neither the rewriting nor the drafting of texts. No liability or warranty is assumed for the correctness, completeness or up-to-dateness of the analysis, nor for any legal consequences. The legal assessment of an individual case rests with an admitted law firm or lawyer.