The EU's empowering consumers for the Green Transition Directivei

What your business needs to do before September 2026

If your business markets or sells products to EU consumers, there is a significant piece of new legislation heading your way - and the clock is ticking.

The Directive on Empowering Consumers for the Green Transition (the "Green Transition Directive" or "EmpCo Directive") entered into force on 26 March 2024, amending two key pieces of EU consumer protection law: the Unfair Commercial Practices Directive (the “UCPD”) and the Consumer Rights Directive (the “CRD”).

The Green Transition Directive brings with it tough new rules governing greenwashing, misleading sustainability claims, and practices designed to shorten the life of products. It also introduces a host of new pre-contractual information requirements, including a harmonised notice on the legal guarantee of conformity and, where applicable, the GARAN label for a producer's commercial guarantee of durability (more on this below).

From 27 September 2026, all traders selling to EU consumers, whether or not they are based in the EU, will need to ensure compliance with these new rules - including for products already on the market.

For businesses also operating in the UK, it is important to understand that the UK and EU regimes are starting to diverge, particularly in relation to misleading green claims. The EU's approach is prescriptive and rules-based - certain claims are simply banned - whereas the UK operates a more flexible, principles-based framework built around the CMA's Green Claims Code. Compliance with one does not guarantee compliance with the other, and a joined-up strategy covering both jurisdictions is increasingly essential.

1. Banned practices

The Directive extends the list of so-called ‘banned practices’, which are commercial practices considered unfair in all circumstances. Here is what is now on that list:

1. Making vague green claims you cannot back up

Making a generic environmental claim (one where the specification of the claim is not provided in clear and prominent terms on the same medium) is prohibited unless the trader can demonstrate recognised ‘excellent environmental performance’.

Terms explicitly called out in the Directive include "environmentally friendly", "eco-friendly", "green", "nature's friend", "ecological", "climate friendly", "gentle on the environment", "carbon friendly", "energy efficient", "biodegradable" and "biobased".

The best way of managing this risk is to keep claims specific, not vague. A claim is not considered generic if its specification is provided in clear and prominent terms on the same medium. So "climate-friendly packaging" on its own may be problematic, but "100% of energy used to produce this packaging comes from renewable sources" is more likely to be fine.

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2. Displaying an unverified sustainability label

Displaying a sustainability label that is not based on a qualifying certification scheme or established by a public authority is prohibited. Certification schemes must meet minimum requirements on transparency and credibility.

Any sustainability label on the market from 27 September 2026 must comply. There is no transition period.

3. "Carbon neutral" and "net zero" claims based on offsetting

Claims such as "carbon neutral" or "net zero" may only be made where they reflect the actual lifecycle and environmental impact of the product or company - not where they are based on the offsetting of greenhouse gas emissions outside the product's value chain. Businesses can still communicate about investments in carbon credit projects, but only if that information is presented transparently and is not misleading.

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4. Presenting a legal requirement as a selling point

Presenting a mandatory legal requirement as a distinctive feature of your offer is prohibited. For example, advertising a given product as not including a specific chemical substance when that substance is already restricted by law for all products within that product category in the EU. Anything that goes beyond the mandatory minimum, however, can still be highlighted.

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5. Overselling an environmental benefit

Making an environmental claim about an entire product or an entire business when the improvement only relates to a certain aspect of the product or a specific unrepresentative activity of the business is prohibited. This could include a claim that a business only uses renewable energy sources when some facilities still run on fossil fuels or implying that a product’s entire packaging is recycled when only part of it is made from recycled materials.

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6. Planned obsolescence practices

The Directive takes direct aim at tactics designed to shorten the life of goods:

Marketing products that contain built-in features designed to limit their durability - such as software that degrades functionality after a set period, or hardware engineered to fail - is prohibited.
Making false claims about product lifespan is prohibited.
Encouraging consumers to replace consumables, like printer ink cartridges, before they are actually depleted is prohibited.
Presenting a product as capable of repair when it cannot be repaired is prohibited.
Presenting a software update as necessary for the product to function, when it only enhances functionality, is prohibited.
Withholding information that a software update will negatively affect a product's performance (e.g. slowing a smartphone, impairing battery life, or affecting certain apps) is prohibited.
Withholding information about functionality impairment when non-original spare parts are used, or falsely claiming such impairment will occur, is also prohibited.

2. Practices that may be unfair

The Directive also amends the UCPD provisions on misleading practices, which are assessed on a case-by-case basis. In particular:

Environmental and social characteristics, and circularity aspects, are now added to the list of product features about which consumers must not be misled. Social characteristics can cover things like fair wages, working conditions, human rights, gender equality, and animal welfare.
Comparative claims based on environmental or social characteristics must be accompanied by clear information about the comparison method, which products are being compared, who supplies them, and how the information is kept up to date.
Environmental claims about future performance are considered misleading unless they are substantiated by a publicly accessible, comprehensive, and practical implementation plan that has been verified by independent third-party experts.
Advertising environmental benefits that are irrelevant to the specific product or business may also be considered misleading, where consumers might be led to believe the product is more beneficial than comparable alternatives.

3. New pre-contractual information requirements

The Directive extends the mandatory pre-contractual information that traders must provide to consumers before a contract is concluded. Businesses will now need to provide:

The minimum period during which a digital provider commits to supply software updates, including security updates, to keep digital content and services in conformity;
The product's reparability score (where one has been established), or other repair information where no EU-level score exists;
Information about environmentally friendly delivery options, where available; and
Information about the availability of spare parts and after-sales repair services, and any limitations when using non-original parts.

From September 2026, traders selling goods to consumers in the EU will also have to implement two new harmonised pre-contractual information tools: a mandatory notice on the legal guarantee of conformity, and (where certain conditions are met) the EU GARAN label for commercial guarantees of durability.

The two instruments are designed to complement each other and include cross-references highlighting the distinction between the two types of guarantee.

The harmonised notice on the legal guarantee of conformity

The first of the two new instruments is the mandatory harmonised notice on the legal guarantee of conformity. Substantively, the notice is designed as a reminder of the statutory guarantee regime. It highlights the minimum two-year legal guarantee for goods sold in the EU, points out that some Member States provide longer periods, and notes that second-hand goods may be subject to a shorter period of not less than one year. It also summarises the core consequences of non-conformity and the remedies consumers can expect from the seller. Responsibility for displaying the harmonised notice lies with the Seller.

The Legal Guarantee Notice is a fixed instrument: none of its elements or text may be edited. High-resolution vector files of the Legal Guarantee Notice are available for download on the Commission's website, in multiple formats (JPG, SVG, PNG) and in all official EU language versions.

The EU GARAN label

The second instrument is the EU GARAN label. The label is not a generic badge for any commercial guarantee. Rather, it is reserved for commercial guarantees of durability which: (1) are provided at no additional cost; (2) cover the entire product; and (3) have a duration of more than 2 years. Where each of the GARAN conditions are met simultaneously, the label must be displayed.

Display of the GARAN label represents a commitment that the good will maintain its required functions and performance through normal use for the number of years indicated.

Many market-facing promises described loosely as ‘guarantees’ will not qualify for the harmonised label (e.g. guarantees applicable to certain component parts only). Manufacturers are still free to offer such commercial guarantees. However, they must not be identified using the GARAN label.

The EU GARAN label is broadly standardised, with only three editable elements: the duration expressed in years, the producer’s brand or trademark, and the model identifier. As with the harmonised notice, editable vector files are available on the Commission's website and can be modified using standard graphic design software.

Who is responsible?

Where a producer offers a GARAN guarantee of durability, it is the producer's responsibility to make all relevant information on the guarantee available to sellers of the products. Discharge of this obligation by the producer triggers a corresponding obligation on the seller to display the label.

Producers are also required to list the exact terms that apply to the commercial guarantee of durability offered, in addition to the legal guarantee, in a commercial guarantee statement, which should be given to consumers in a durable form that they can keep or refer to (e.g. within the packaging or via email) no later than when the goods are delivered.

Where does the harmonised notice and GARAN Label need to be displayed?

In each case the key requirement is prominence – the notice and/or label (where applicable) must be clearly visible to consumers before they make a purchasing decision.

The Commission's practical guidelines for producers and sellers gives the following guidance on the display of the harmonised notice and GARAN label within in store locations:

In-store	EU Harmonised Notice	EU GARAN Label
General display requirements	The Notice must remain associated with the store environment The Notice must be printed at a size and quality that ensures legibility and durability. This will depend on viewing distances but should never be smaller than A4.	The Label must remain associated with the product itself. The Label must be printed at a size and quality that ensures legibility and durability. This should never be less than 95 x 100 mm.
Non-exhaustive list of locations where the notice/label is capable of being displayed prominently	On the entrance door to the store. On a poster placed on the wall or an aisle, inside the store. At the store counter.	On the shelf next to the product. On the product packaging (exterior of the main packaging). Attached to the product (e.g. as a tag or adhesive label). Inside the package (either as a standalone leaflet or within the user manual).

When it comes to the display of harmonised notices and EU GARAN labels in an online context, the Commission provides the following guidance:

Online	EU Harmonised Notice	EU GARAN Label
General display requirements	The Notice must be legible at default display size. A clickable link to the same destination as the QR code should always be available.	The Label must be displayed alongside the product in a way that is clearly visible before purchase. Use of a nested version of the label is permitted in digital environments. However, if a nested display is used, the label must appear in its entirety on the first mouse click. A clickable link to the same destination as the QR code should always be available.
Locations where the notice/label should be displayed	Within the order confirmation email	On the checkout page immediately before the consumer places an order; and Within the order confirmation email.
Non-exhaustive of locations where sellers may also choose to display the notice/label	A link informing consumers about their legal rights (e.g. "Your legal guarantee rights"), where the notice appears on the first mouse click could be included on the: Product catalogue page. Header of the seller website. At the product check-out page.	As part of the product image on the product page/ product catalogue page either in nested format or full format (image should open in a large zoomable view) As a standalone image in the product gallery on the product page In the product description In marketing banners, digital carousels or third party promotional placements provided that the label only appears where it refers to a specific product that is covered by the guarantee

4. What should you be doing right now?

Brands will be affected by the Green Transition Directive in different ways, but we recommend considering the following steps:

Audit your claims. Review all environmental claims across product packaging, marketing materials, advertising campaigns, website content, brand and trading names, point-of-sale materials, and social media.
Avoid vague language. Remove, generic, unsupported terms like "eco-friendly", "green" or "sustainable", or ensure they are accompanied by specific, prominent explanations on the same medium.
Substantiate future claims. Any claims about future environmental performance must be supported by a credible, independently verified implementation plan before being communicated to consumers.
Check your labels. Confirm that all sustainability labels are either established by a public authority or based on a qualifying third-party certification scheme. Self-created or unverified labels must go.
Review your pre-sale information. Map out your customer journey and identify any gaps in the pre-contractual information now required.
Display the harmonised notices. Ensure the mandatory harmonised notice on legal guarantee rights is displayed prominently in-store and online from 27 September 2026.
Review existing commercial guarantees. Where existing commercial guarantees meet the GARAN criteria, manufacturers need to make that information available to retailers via the provision of completed GARAN labels as soon as possible. Commercial guarantee statements must be pulled together and plans for their dissemination to consumers mapped out. Retailers should be talking to their suppliers now to ensure that information flows through in advance of the September implementation deadline.

Where non-compliant claims are identified on existing packaging, practical short-term options exist – e.g. covering claims with stickers or adding supplementary information at the point of sale.

TLT’s consumer law team has extensive experience advising brands on green claims, marketing and sustainability issues, as well as pre-contractual requirements. That includes helping global brands navigate UK/EU regulatory divergence in this space. Get in touch with the team if you’d like find out more.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at August 2026. For more information see our terms & conditions.

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