What changes on 27 September 2026
The EU Directive on empowering consumers for the green transition, Directive (EU) 2024/825, amends two existing consumer laws: the Unfair Commercial Practices Directive and the Consumer Rights Directive. Member states had until 27 March 2026 to transpose it into national law, and its measures become binding from 27 September 2026. For brands selling into the EU, the practical effect is that environmental claims in advertising, packaging and product information must meet a stricter standard than many plastic programmes have used so far. The full text is available on EUR-Lex, and the Commission summarises its sustainable consumption policy on its consumer rights pages.
Generic claims and the burden of proof
The directive restricts generic environmental claims, such as 'eco-friendly', 'green' or 'biodegradable' used without specific detail. A trader may only use such a claim where it can demonstrate recognised excellent environmental performance that is relevant to the claim. The burden sits with the company making the claim, not with the consumer or a regulator to disprove it.
For plastic programmes this matters because a phrase such as 'plastic-free' or 'ocean plastic positive' is generic in the consumer's eyes unless the product and its supply chain show what the words mean. A plastic credit alone does not establish that a product is environmentally superior. It supports a footprint statement, and the wording should say so.
Offsetting claims on the blacklist
The amended Unfair Commercial Practices Directive contains an annex listing practices that are always considered unfair. One of the additions covers claims that a product has a neutral, reduced or positive impact on the environment, or is climate neutral, based on offsetting. Because the provision is about offsetting, a claim of this kind is treated as unfair in all member states, whatever the claim's wording.
The text is written around greenhouse gas offsetting. Plastic credits fund the collection of plastic waste rather than the reduction of emissions, so it is not settled by the wording alone whether a 'plastic-neutral' claim is caught by this specific entry. Counsel should answer that question for each market. The general rules on misleading claims apply to plastic claims in any case, and a regulator that finds a plastic-neutral claim unclear may treat it as misleading on those grounds.
Labels and certification
The directive also limits sustainability labels. A label must be based on a certification scheme or be established by public authorities. A brand's own badge, a logo with a self-declared meaning, or an unnamed 'verified' mark does not meet that test. Plastic credit programmes that issue certificates should be ready to show the scheme's rules, the verification body and the public registry record, because those are what a label-based claim will be checked against.
The Green Claims Directive is a separate proposal
A second file, the proposed Green Claims Directive, would set out how companies substantiate and communicate environmental claims using a common method. It is still in the legislative process, and its final form is not yet settled. Brands should not treat it as a reason to wait. The Empowering Consumers rules apply on their own timetable, and the substantiation work they require is the same work the proposal would demand.
What brands should do before publishing
- Inventory existing claims. List every plastic-related statement on packaging, websites and sales material, including social media posts.
- Separate footprint claims from product claims. A credit supports a statement about funded removal. It does not make the product recycled or neutral.
- Check each label. Confirm that any certification mark rests on a named scheme with public rules.
- Keep the evidence. Retain the retirement record, the methodology, the verification statement and the calculation of the footprint being offset.
- Ask counsel about offsetting wording. Get a market-specific view on whether a plastic-neutral claim falls within the offsetting entry, and avoid the phrase until that view is in hand.
This article is an editorial summary, not legal advice. Companies selling into the EU should confirm the rules that apply in each member state with qualified counsel.
About the author
Plastic Units editorial team
Editorial team
The Plastic Units editorial team writes and maintains the Knowledge Bank and news on the plastic credits market, recycling economics and plastic policy.