Stricter requirements for sustainability claims to come into effect on 27 September 2026

While it was already prohibited to mislead consumers about the sustainability aspects of products, stricter rules will enter into force on 27 September. On that day, the Dutch Implementing Act of the European directive Empowering Consumers for the Green Transition will come into effect, also referred to as the EmpCo or ECGT directive. With this directive, the existing rules regarding unfair commercial practices are further clarified and tightened. The Netherlands Authority for Consumers and Markets (ACM) enforces compliance with these rules, and calls on businesses to take measures, where necessary, in order to comply with these new rules.

Martijn Ridderbos, Member of the Board of ACM, adds: “We call on businesses to take a critical look at any sustainability claims they currently use. Clearer requirements for such sustainability claims will now come into effect, and the use of certification labels that are not independent will be completely banned. Having clear and unequivocal information makes it easier for consumers to compare products and brands with each other. It also leads to a level playing field between businesses, because it acts as a check on unfair competition based on misleading claims.”

What will change?

The new rules will bring significant changes to the use of sustainability claims and sustainability labels, among other areas. For example, claims such as 'green', 'environmentally friendly' or 'ecological' can only be used if they are accompanied by clear explanations or if they comply with strict European or national standards. In addition, sustainability labels can only be used if they meet various criteria, such as independent checks, transparency, and accessible for others. Private labels without independent checks are no longer permitted.

The directive additionally contains several information obligations vis-à-vis consumers about, among other aspects, lifespan, repairability, negative effects of software updates, availability of spare parts, and the use of non-original components if such use affects the product’s functionality. For information about warranty, a standard label will be introduced, both for the statutory warranty as well as the commercial warranty. In addition, comparison websites are required to be more transparent about how they compare products in terms of sustainability and other environmental and social characteristics.

Old stock

Some businesses may have old stock that may have environmental or sustainability claims that do not comply with the new rules. This may particularly be the case for products with a low turnover rate. That could result in situations where old stock that is already on the shelves must be recalled or destroyed in order to comply with the new rules. In order to combat waste and to promote a consistent approach across the European Union, the Consumer Protection Cooperation Network (CPC), which is the network of European consumer authorities, previously published a joint document, on the initiative of ACM, on how to deal with old stock. That document stipulates that, in their oversight and enforcement activities, the competent authorities can, in specific cases, take into account transitional situations, for example, if the stock involved is demonstrably old stock, and the businesses in question had already demonstrably made an effort before the new rules came into effect to comply with the new rules as soon as possible.

Update of guidelines and other guidance documents

Several years ago, ACM already published guidelines regarding sustainability claims. ACM, together with other European regulators, is currently working on more-detailed explanations of the rules from the directive. On the basis of these efforts, the guidelines will be updated as well. The European Commission has published guidelines to help sellers and producers in the application of the mandatory warranty labels. Online stores that wish to use sustainability filters are referred to the guidance document of Thuiswinkel.org (external website) (in Dutch). As the consumer authority in the Netherlands, ACM helped create this guidance document, providing practical tips related to sustainability filters.