Sustainability in consumer law: claims, conformity and repair

From 27 September 2026, stricter European rules apply to misleading sustainability claims. Twelve practices are added to the blacklist of unfair commercial practices, with no transitional period. At the same time, consumer law is extending into durability and repair. Any business that fails to review its communications, product information and guarantee terms now runs a real enforcement risk.

The short answer

Directive (EU) 2024/825 (the EmpCo Directive) applies from 27 September 2026. There is no transitional period.
Twelve practices appear on the blacklist. They are prohibited in all circumstances, without any assessment of whether the consumer was actually misled.
Generic claims such as “environmentally friendly” will be permitted only where excellent environmental performance can be demonstrated.
Claims of climate neutrality based on offsetting are prohibited.
In consumer sales a presumption of proof applies for one year. Repair is strengthened by Directive (EU) 2024/1799.
The Netherlands Authority for Consumers and Markets (ACM) supervises compliance and can impose orders and fines.

Information duties

The EmpCo Directive amends two directives: the Unfair Commercial Practices Directive (2005/29/EC) and the Consumer Rights Directive (2011/83/EU). The Netherlands has transposed it into Book 6 of the Dutch Civil Code (Burgerlijk Wetboek) through the Act implementing the directive on better sustainability information for consumers.

The Law

The information duties become more concrete. Before the contract is concluded, you inform the consumer about the durability and the reparability of the product. That applies in so far as the information is available. Where a producer offers a commercial durability guarantee of more than two years, the consumer is entitled to know about it.

Software falls within this too. If you offer a period of functionality updates, you must state that period. Withholding information about software updates that affect functionality is one of the new prohibitions.

Sustainability claims: what will be prohibited

The blacklist is the sharpest element. If a practice appears on that list, it is prohibited. There is no room for a defence that the average consumer was not influenced.

Practice	Explanation
Generic environmental claim without evidence	Terms such as “green”, “eco” or “climate friendly” are permitted only where excellent environmental performance is demonstrated.
Offsetting claims	Claiming that a product is climate neutral or has a reduced impact on the basis of offsetting emissions is prohibited.
Label without certification	A sustainability label may be used only where it rests on a certification scheme or a public authority scheme.
Statutory requirement presented as a plus	Presenting a feature as distinctive when the law requires it is not allowed.
Claim about the whole business	Presenting an environmental claim as covering the business when it relates only to part of the product range is misleading.
Incorrect durability information	Presenting a product as repairable when it is not, or making incorrect statements about its lifespan.

Exception

The general standard continues to apply alongside this. A claim that does not appear on the blacklist may still amount to a misleading commercial practice. The ACM applies five rules of thumb for that purpose, set out in its Guidance on Sustainability Claims. Be accurate and specific. Substantiate with facts. Compare fairly. Make future ambitions concrete and measurable. And make sure that visual claims and labels help rather than confuse.

Note the relationship with the proposal for a separate Green Claims Directive. That proposal was halted in 2025 and the Commission announced its withdrawal. This changes nothing about the EmpCo Directive, which applies regardless. See further our page on greenwashing and sustainability claims.

Conformity and guarantees

Under Articles 7:17 and 7:18 of the Dutch Civil Code, goods delivered must conform to the contract. If a defect appears within a year of delivery, a presumption applies: the goods are then taken not to have conformed to the contract at the time of delivery. That period was extended from six months to a year when Directive (EU) 2019/771 was transposed in 2022.

That presumption of proof matters in sustainability cases. Within that year, it is for the seller to make it plausible that the defect was not yet present on delivery.

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A role for sustainability in the balancing of interests

It is a misconception that the Netherlands has no statutory guarantee. The conformity requirement functions as a statutory entitlement. A commercial guarantee comes on top of it and may not restrict the consumer’s statutory rights. If your terms refer to a “guarantee”, it must be clear what it adds to those statutory rights.

A sustainability claim can become part of what the parties have agreed. If you promise recycled material or a particular lifespan, the consumer is entitled to expect it. If the product does not deliver, there is non-conformity, even where the product functions technically.

Durability and repair

Directive (EU) 2024/1799 of 13 June 2024 promotes the repair of goods. Member States had to transpose it by 31 July 2026.

The directive brings four things.

An obligation to repair for manufacturers. Where European legislation sets reparability requirements, the manufacturer repairs at the consumer's request. That is done free of charge or at a reasonable price, and within a reasonable time.
A European repair information form. The repairer states the conditions, the price and the time needed. The form is free of charge and the conditions hold good for at least thirty calendar days.
A European online platform on which consumers can find repairers. Its national components must be operational by 31 July 2027.
An incentive to choose repair. If the consumer opts for repair within the liability regime of Directive (EU) 2019/771, the liability period is extended once by twelve months.

Consequences for consumer and seller

That last measure is the most significant in substance. The old objection was that the proportionality test between repair and replacement looked mainly at cost and therefore favoured replacement. Extending the period makes repair more attractive for the consumer.

Enforcement

The ACM supervises unfair commercial practices. It can impose an order and an administrative fine. The fine can run to EUR 900,000 per infringement, or a percentage of turnover, depending on the infringement.

Practice shows that the ACM also works with commitments. Companies adjust their claims and the ACM makes the commitment binding. That instrument has been used in the clothing sector and in aviation, including in joint actions with other European regulators.

Product warranty

Alongside public supervision there is private risk. A competitor can act on the basis of misleading advertising. A representative organisation can bring a collective action. And the consumer can seek annulment of the contract or damages on the ground of an unfair commercial practice.

What you can do now

Take stock of every sustainability claim on packaging, on your website, in your webshop and in advertising.
Delete generic claims you cannot support with evidence.
Remove offsetting-based climate claims from your communications to consumers.
Check that your labels rest on a certification scheme.
Record the period for which you offer software updates and communicate it.
Keep the substantiation of every claim in a file you can show to the ACM.

Conclusion

Frequently asked questions

May I still call my product “CO2 neutral”? Not if the claim rests on offsetting emissions. That goes on the blacklist from 27 September 2026. A claim about a reduction actually achieved across the life cycle remains possible, provided it is substantiated.

Is there a transitional period for existing packaging? No. The directive provides for no transitional period. Plan your stock management and redesign accordingly.

For how long can a consumer complain about a defect? The claim for non-conformity is not limited to one year. The presumption of proof under Article 7:18(2) of the Dutch Civil Code lasts a year. After that, the consumer must assert and prove that the defect already existed at delivery.

Contact

Would you like your claims, terms or product information reviewed against the new rules? Contact Law & More in Eindhoven or Amsterdam. We work in Dutch and English, assess your communications and help you put the evidence file in order.

Sustainability Law

Contacts

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Sustainability in consumer law: claims, conformity and repair