Environmental Claims on Packaging from 27 September 2026: What EmpCo Bans, What PPWR Adds
What Changes for Environmental Claims on Packaging on 27 September 2026?
From 27 September 2026, Member States apply their national measures transposing Directive (EU) 2024/825, under Article 4(1) of that Directive. The Directive, known as EmpCo, adds to Directive 2005/29/EC practices banned in all circumstances, including generic environmental claims without recognised excellent environmental performance, sustainability labels without a certification scheme or public authority behind them, and offset-based climate claims.
Packaging also answers to Article 14 of Regulation (EU) 2025/40, the PPWR, which has applied since 12 August 2026 under Article 71. EmpCo is consumer law enforced nationally; Article 14 is directly applicable product law whose evidence sits in the Annex VII technical documentation.
Key Facts
- Member States apply their measures transposing Directive (EU) 2024/825 from 27 September 2026, under Article 4(1) of that Directive.
- Point 4a of Annex I to Directive 2005/29/EC as amended bans a generic environmental claim for which the trader cannot demonstrate recognised excellent environmental performance relevant to the claim.
- Article 14 of Regulation (EU) 2025/40 allows a claim about a regulated packaging property only if the property exceeds the applicable minimum requirements and the claim states its scope.
- Under Article 6(1), all packaging placed on the market shall be recyclable, an obligation that has applied since 12 August 2026, transport packaging included.
- Under Article 5(5), food-contact packaging containing PFAS in a concentration equal to or above the limit values has been prohibited from being placed on the market since 12 August 2026.
- Our dated PPWR referential (baseline reviewed 15 September 2026) confirms the last two lines.
What Is a Generic Environmental Claim, and When Is It Banned?
Under Article 2(p) of Directive 2005/29/EC as amended, a generic environmental claim is a written or oral environmental claim not on a sustainability label whose specification is not given in clear and prominent terms on the same medium. Point 4a of Annex I to that Directive bans such a claim without demonstrated recognised excellent environmental performance relevant to the claim.
Recognised excellent environmental performance is performance compliant with the EU Ecolabel, an officially recognised EN ISO 14024 type I ecolabel or top environmental performance under other Union law, under Article 2(s) of Directive 2005/29/EC as amended. Without it, a claim on a pack has to be specific.
Question 4 of the Commission's Questions and Answers on the ECGT Directive (September 2026) gives a packaging example: "climate-friendly packaging" without further specifications is generic, while "100% of energy used to produce this packaging comes from renewable sources" is specific. It also quotes the 2021 guidance: "If there is no space to specify the environmental claim, then the claim should generally not be made."
Question 5 warns that "green leaves, water drops, or similar nature-related icons" in packaging artwork may be read as implicit claims, and Question 3 that a brand name using "eco" may be one. Point 4b of Annex I bans a whole-product claim that concerns only a certain aspect of the product, such as its packaging.
What Does PPWR Article 14 Add for Claims About Packaging Properties?
Article 14 of Regulation (EU) 2025/40 allows an environmental claim about a packaging property that the Regulation regulates only if the property exceeds the applicable minimum requirements, under the Regulation's criteria and methods, and the claim states whether it covers the packaging unit, part of it or all the operator's packaging.
An environmental claim is any message or representation not required by Union or national law that states or implies in a commercial communication that a product, a brand or a trader has a positive or zero impact on the environment, is less damaging than others or has improved its impact over time. Article 14 borrows that definition from Article 2(o) of Directive 2005/29/EC, and recital 157 of the Regulation names recyclability, the level of recycled content and reusability as examples.
Generic claims are an EmpCo matter, and Article 14 is the PPWR's own rule. Recital 73 of Regulation (EU) 2025/40 calls Directive 2005/29/EC a "safety net" next to sector-specific Union law, so both texts can apply to the same pack. Article 14 names no economic operator, but its compliance is demonstrated in the Annex VII technical documentation, which the manufacturer draws up under Article 15(2).
Can a Pack Still Say "Recyclable", "PFAS-Free", "Compostable" or "30 % Recycled"?
A pack can still carry "recyclable", "PFAS-free", "compostable" or a recycled-content share, but each claim has to pass two tests: under Directive 2005/29/EC as amended, it is specific and does not present a legal requirement as a distinctive feature; under Article 14 of Regulation (EU) 2025/40, the property exceeds the PPWR minimum and the claim states its scope.
| Claim | EmpCo question | PPWR Article 14 question | Evidence to keep |
|---|---|---|---|
| "Recyclable" | A legal requirement shown as distinctive (point 10a)? | What exceeds the Article 6(1) minimum? | Dated recyclability assessment per component |
| "PFAS-free" (food contact) | Only the legal limits restated? | Beyond the Article 5(5) limit values? | PFAS results per component, method, date |
| "Made with 30 % recycled plastic" | The pack or the whole product (point 4b)? | Unit, part or all packaging (Article 14(b))? | Supplier recycled-content data per part and period |
A bare "recyclable" states the minimum that Article 6(1) sets for all packaging, and the grades A, B and C that could say more need criteria. The Article 6(4) delegated act is due by 1 January 2028 and has not been adopted. Question 16 adds that presenting a legal requirement on all products of a category on the Union market, imports included, as a distinctive feature is banned in all circumstances (point 10a).
For food-contact packaging, Article 5(5) bars from the market packaging with PFAS in a concentration equal to or above three limit values: 25 ppb for any PFAS, 250 ppb for the sum of PFAS and 50 ppm for PFASs, polymeric PFAS included. A "PFAS-free" claim says more than those limit values, so its file shows the property with the Article 5(5) methods, component by component.
The minimum recycled-content shares for plastic parts in Article 7(1) apply from 1 January 2030 or 3 years from the entry into force of the implementing act under Article 7(8), whichever is the latest, and are calculated as an average per manufacturing plant and year. A share true for a plant's annual output may be untrue for one pack, hence the scope that Article 14(b) requires.
Under Article 3(1)(50), compostable packaging biodegrades in industrially controlled conditions, not necessarily in a home-composting environment, and Article 9(1) lists the packaging that must be compatible with industrial composting by 12 February 2028. Recital 9 of Directive (EU) 2024/825 lists "biodegradable" among its examples of generic claims. Question 11 treats "claiming that paper sheets do not contain plastic" as an irrelevant benefit, a case-by-case test under Article 6(2)(e) of Directive 2005/29/EC.
Which Sustainability Labels and Logos Remain Allowed on Packaging?
Under point 2a of Annex I to Directive 2005/29/EC as amended, a sustainability label on packaging is banned unless it is based on a certification scheme or established by public authorities. Mandatory labels fall outside the definition, so the harmonised label of Article 12 of Regulation (EU) 2025/40 is neither a sustainability label nor an environmental claim.
A sustainability label is a voluntary trust mark, quality mark or equivalent that aims to set apart and promote a product, a process or a business by reference to its environmental or social characteristics. A certification scheme is a third-party verification scheme whose public terms meet the criteria of Article 2(r) of Directive 2005/29/EC as amended. A brand's self-awarded logo meets neither condition of point 2a, and sorting information that national law makes mandatory is not an environmental claim.
The harmonised label of Article 12(1) is due from 12 August 2028, or 24 months after the entry into force of the implementing acts under Article 12(6) or 12(7), whichever is the latest. The Article 12(6) implementing acts were due by 12 August 2026 and have not been adopted.
Are "Climate Neutral" Claims Based on Offsetting Still Allowed?
No. Point 4c of Annex I to Directive 2005/29/EC as amended bans claiming, based on the offsetting of greenhouse gas emissions, that a product has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions. A "climate neutral packaging" claim resting on offsets falls under that ban.
Question 10 of the Commission's Q&A reads point 4c as leaving aside claims based on the product's own actual emissions footprint, and as still allowing companies to advertise investments in carbon credit projects without misleading consumers. A future-performance claim needs a detailed and realistic plan verified by an independent third-party expert, under Article 6(2)(d) of Directive 2005/29/EC as amended.
What Happens to Packaging Already Printed or on Shelves Before 27 September 2026?
Directive (EU) 2024/825 sets no transitional period for old stock. According to Question 18 of the Commission's Q&A, the rules apply from 27 September 2026 to products or packaging already manufactured, ordered, distributed or on retailers' shelves, and traders may cover or correct claims with stickers or add information at the point of sale.
A sticker is an option, not a safe harbour: enforcement lies with national competent authorities and courts, which may weigh "whether traders have made reasonable and proportionate efforts to comply".
Italy transposed the Directive by Legislative Decree No 30 of 20 February 2026, applicable from 27 September 2026 under its Article 2, according to the Gazzetta Ufficiale. In Germany, a Bundestag committee recommended on 23 September 2026 a new section 15b of the Act against Unfair Competition, under which injunction claims over goods placed on the market before 27 September 2026 would be pursued in good faith and subject to the principle of proportionality, according to Bundestag document 21/8158, until September 2028 according to the Bundestag press service. The recommendation was not law on 23 September 2026.
Who Checks the Claim Between Brand, Converter, Importer and Retailer?
The brand owner or own-brand retailer answers for a pack claim twice: as the trader making it to consumers under Directive 2005/29/EC, and as the manufacturer that draws up the Annex VII technical documentation under Article 15(2) of Regulation (EU) 2025/40, where the Article 14 evidence sits. Converters, importers and distributors supply, check or sell the pack.
| Role | Under EmpCo | Under the PPWR |
|---|---|---|
| Brand owner | Trader making the claim | Manufacturer, Article 15(2) |
| Own-brand retailer | Trader making the claim and selling | Manufacturer, Article 3(1)(13)(a) or 21 |
| Converter or printer | Business-to-business with the brand (Question 1) | Supplier, Articles 3(1)(16) and 16(1); manufacturer for a micro-enterprise brand in its Member State, Article 3(1)(13)(b) |
| Importer | Trader where it markets to consumers | Ensures the Annex VII file was drawn up, Article 18(2)(a) |
| Distributor or retailer | Trader selling to consumers (Question 18) | Due care, Article 19(1) |
Articles 15(1), 18(1) and 19(3) of Regulation (EU) 2025/40 refer to Articles 5 to 12, not to Article 14, while the due care of Article 19(1) covers the whole Regulation. Whether Article 14 reaches claims made between businesses is not settled by its text.
What Does the Referential Not Confirm?
Our dated PPWR referential (baseline reviewed 15 September 2026) confirms six statements: the Article 6(1) recyclability obligation, the PFAS prohibition of Article 5(5), the scope of Article 2(1), the Article 12(1) label date, the overdue Article 12(6) acts and the due date of the Article 6(4) act. The points below are read on the linked text.
- Article 14, recitals 73 and 157, Article 71, and the Official Journal wording "equal to or above" the Article 5(5) limit values.
- Articles 3(1)(13), 3(1)(16), 3(1)(50), 7(1), 7(8), 9(1), 15(1), 15(2), 16(1), 18(1), 18(2)(a), 19(1), 19(3) and 21 as phrased here.
- Four readings: a bare "recyclable" states the Article 6(1) minimum; a restated legal limit falls under point 10a; packaging is an aspect of the product under point 4b; Article 14 names no operator.
- Every statement on EU consumer law, the Commission Q&A (preliminary views of its services) and the Italian and German texts, read on official pages on 23 September 2026. Nothing here is legal advice.
Frequently Asked Questions
Does EmpCo apply to B2B packaging?
No. Question 1 of the Commission's Q&A states that business-to-business commercial practices fall outside the scope of Directive 2005/29/EC. The PPWR applies to all packaging regardless of material, industrial and commercial B2B packaging included, under Article 2(1) of Regulation (EU) 2025/40.
Does the PPWR ban the word "recyclable"?
No. Regulation (EU) 2025/40 bans no word, but Article 6(1) makes recyclability the minimum for all packaging, so a bare "recyclable" is the hardest claim to fit within Article 14(a).
How PPWR Connect Helps
PPWR Connect is software, not a legal adviser, a laboratory or a notified body, and it does not assess consumer-law claims. Substance lines are declared per packaging component, and the PFAS line reads as Article 5(5) does: below, or at or above the limit values. A supplier PDF such as a test report or a certificate is read by the platform and filed as evidence against the SKU for the Declaration of Conformity, and each recorded value keeps where it came from. To find which packaging references hold the evidence an Article 14 claim needs, start with our PPWR compliance software or the PPWR readiness assessment.
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Rutherford (rutherford.fr) develops production control software for offset printers and converters, including ColorLoop. Veoria (veoria.com) develops inline colour measurement for label and packaging presses, including DeltaOne.