SKW Schwarz: Ihre Kanzlei für innovative und nachhaltige Lösungen

The implementation of the Empowering Consumers Directive (EmpCo) significantly raises the legal requirements for environmental and sustainability communications. Claims such as “sustainable”, “climate-friendly”, “CO₂-neutral” or “recyclable”, as well as sustainability labels and future environmental commitments, will be subject to stricter requirements.

For companies, this is about more than compliance. Non-compliant claims can result in cease-and-desist demands, claims for injunctive relief and court proceedings. The situation becomes particularly challenging where packaging has already been produced or existing stock is affected.

We support companies throughout the entire process: from identifying potential risks and developing legally compliant claims to dealing with existing stock and defending against legal action.

Module 1

EmpCo Quick Check

Identify risks and prioritise action.

Would you like to know where your company stands in implementing the EmpCo requirements? We identify particularly critical environmental and sustainability communications and show you where action is required.

Scope of services

Screening of relevant environmental and sustainability claims
Review of selected websites, online shops and social media communications
Review of packaging, labels and product communications
Identification of particularly critical claims, labels, seals and design elements
Risk assessment and prioritisation
Specific recommendations for action

Your result

You receive a concise overview of the key EmpCo risks and a clear prioritisation of the next steps.

Module 2

Claim Review & Development

Review claims – and enable legally compliant communications.

EmpCo does not mean that companies can no longer communicate about sustainability. What matters is that environmental and sustainability claims are specific, substantiated and legally compliant.

We review existing environmental and sustainability claims and work with you to develop legally compliant alternatives.

Scope of services

Legal review of specific environmental and sustainability claims
Assessment of supporting evidence and documentation
Review of general claims such as “sustainable”, “green” or “climate-friendly”
Review of climate neutrality and CO₂ offsetting claims
Review of sustainability seals, labels and icons
Review of future-oriented claims such as “Net Zero by 2030”
Review of claims relating to recycling, durability, repairability and circularity
Development and coordination of legally compliant alternative wording

Your result

You know which claims can continue to be used, where adjustments are required and how you can continue to communicate effectively about sustainability.

Module 3

Packaging & Existing Stock

When the claim can be changed – but the packaging has already been produced.

One of the most challenging practical questions under EmpCo concerns packaging that has already been produced and existing stock. There is no general transition or sell-through period.

However, a special statutory rule is currently planned for certain goods that were placed on the market before 27 September 2026. Under the proposed provision, the enforcement of claims for injunctive relief would have to take into account, in particular, whether the relief sought is proportionate in view of the associated costs and environmental impact.

For companies, it will therefore be crucial to determine which goods are affected, when they were placed on the market, what remedial measures are available and what economic and environmental consequences those measures would entail.

Scope of services

Review of claims on packaging, labels and existing stock
Assessment of existing product and packaging inventory
Assessment of which stock may fall within the scope of the proposed special rule
Documentation of when goods were placed on the market, existing inventory and measures already taken
Assessment of possible remedial measures such as stickers or relabelling
Assessment of the costs and environmental impact of potential remedial measures
Risk assessment for continued distribution
Strategic advice on potential sell-through solutions
Support in disputes involving existing stock and packaging

Your result

You receive a specific strategy for dealing with affected stock, taking into account legal risks, economic and environmental implications and practical feasibility.

Module 4

EmpCo Litigation & Defense

When compliance turns into a dispute.

Even with careful preparation, legal disputes cannot always be avoided. In Germany, competitors, associations and environmental and consumer organisations can take action against unlawful environmental and sustainability communications.

When a claim is challenged, a fast and strategic response is essential. Not every cease-and-desist demand is justified – and not every requested cease-and-desist undertaking should be signed without careful review.

SKW Schwarz has extensive experience in unfair competition disputes and proceedings involving associations and environmental organisations.

Scope of services

Assessment of and defence against cease-and-desist demands
Assessment of claims for injunctive relief
Negotiation and drafting of cease-and-desist undertakings and settlement agreements
Strategic advice on affected products and existing stock
Preliminary injunction proceedings
Defence in court proceedings
Implementation and monitoring of cease-and-desist obligations
Coordination between Legal, Marketing, Sales and Communications
Support in reputation-sensitive disputes

Your result

A defence strategy that takes into account not only your legal position but also the economic implications of a dispute.

Which module fits your situation?

Would you first like to understand where your key risks lie?
EmpCo Quick Check

Do you have specific claims that need to be reviewed or adjusted?
Claim Review & Development

Do you have packaging that has already been produced or existing stock with potentially problematic claims?
Packaging & Existing Stock

Have you received a cease-and-desist demand or another legal challenge?
EmpCo Litigation & Defense

The modules can be commissioned individually or combined depending on your needs.

Communicate sustainability – with legal confidence.

EmpCo should not prevent companies from communicating about sustainability. What matters is ensuring that claims are legally sound, identifying risks at an early stage and being prepared for potential disputes.

SKW Schwarz combines expertise in unfair competition law, brand and sustainability communications, compliance and litigation. This means we support you not only in determining what you can communicate, but also when your communications are challenged.