The EU “EmpCo” Directive is coming; will “greenhushing” replace “greenwashing” in the EU?

What is EmpCo, and why does it matter?

The EU EmpCo Directive, applying from September 2026, bans misleading environmental claims and significantly strengthens rules to restrict greenwashing. It covers all consumer facing communications, including on pack claims, websites, marketing materials and advertising, placing a significant compliance burden on food businesses. The European Commission has also published a detailed FAQs document to help clarify the application of the rules.

What happened to the Green Claims Directive?

EmpCo and the Green Claims Directive (GCD) are sibling laws born from the EU Green Deal, tackling greenwashing from different angles. While EmpCo is progressing as a binding law, the GCD has lost momentum and has been withdrawn. Despite this, the draft GCD remains a useful reference point, and authorities may draw on it, when assessing whether claims meet EmpCo requirements.

What is happening now across Member States?

Progress is uneven, but this is not slowing down the EU Commission. Many countries missed the March 27, 2026 transposition deadline, and the EC has opened infringement proceedings against 20 Member States for failing to notify on full implementation.

This is increasing, not reducing, the pressure on food businesses. Member States now face a two‑month window to respond before escalation, so transposition is expected to accelerate rapidly ahead of the EU‑wide application date of September 27, 2026.

For food businesses, the implication is clear: despite patchy implementation on paper, the rules will apply on time, and compliance cannot be delayed.

What should we do to prepare for EmpCo going live?

To reduce the risks for your business and prepare for EmpCo, food businesses should prioritise the following actions:

1. Eliminate vague or generic environmental claims: Specific terms such as “eco-friendly”, “green” and “sustainable” should be removed unless “excellent environmental performance” can be demonstrated
2. Substantiate all environmental claims including future-focused claims: All claims must be supported by robust, verifiable scientific evidence. This includes claims linked to future environmental performance
3. Review and remove non-compliant environmental labels and logos: Only logos and labels based on officially recognised systems and verification schemes can be used

Could EmpCo drive a shift from greenwashing to greenhushing?

EmpCo risks pushing the market from one extreme to another. After years of greenwashing, where claims were often broad and weakly substantiated, companies are becoming increasingly cautious and in some cases, silent. This is driving ‘greenhushing’, the deliberate under‑communication of sustainability actions, even when they are credible, to avoid regulatory scrutiny. As enforcement tightens, many businesses are choosing silence over the risk of making claims that could be challenged as misleading.

Assessing your environmental claims ahead of EmpCo

Preparing for EmpCo requires a comprehensive risk assessment of environmental claims across all consumer-facing communications, including packaging, websites, marketing materials and advertising.

Through bespoke gap-analysis projects, practical compliance advice and robust substantiation strategies, Leatherhead Food Research’s team of global regulatory consultants help businesses identify high-risk claims, evaluate whether existing substantiation is sufficient and prioritise corrective actions ahead of the September 2026 deadline.