Blacklisted In Brussels: Green Claims After EmpCo

On 27 September 2026, the rules on ‘green’ marketing in the EU changed. From that date EU Member States are required to apply the significantly tightened requirements for compliant green and sustainability claims contained in the Empowering Consumers for the Green Transition Directive ((EU) 2024/825, “EmpCo”), although national implementation of the EmpCo rules remains uneven: so far, 21 out of 27 EU Member States have notified transposition measures (a number doing so only after the initial deadline of 27 March 2026 had passed).

Rather than covering every angle of EmpCo, we focus here on its most consequential change – the blacklist additions to Annex I of the Unfair Commercial Practices Directive (“UCPD”) – and how this contrasts with the current position in the UK. In short, legitimate green claims are now much harder to make in the EU – and much easier for regulators to challenge.