Are you still allowed to call your product ‘eco-friendly’ or ‘climate-neutral’?

Only with hard evidence from now on. The Act of July 22, 2026 transposes the European EmpCo Directive into Belgian law and permanently bans a range of environmental claims as of September 27, 2026, without requiring proof that consumers are actually misled by them. Anyone who labels a product as “eco,” “green,” or “climate-neutral” without recognized environmental performance will, from now on, by definition be committing greenwashing and therefore a prohibited commercial practice.

The legislative framework

On February 28, 2024, the European legislature enacted Directive (EU) 2024/825 , better known as the EmpCo Directive (Empowering Consumers for the Green Transition). This directive does not establish an entirely new framework, but rather amends two existing instruments: the Unfair Commercial Practices Directive (Directive 2005/29/EC) and Consumer Rights Directive (Directive 2011/83/EU). The goal is twofold: to combat greenwashing and to provide consumers with better information so they can make sustainable choices.

Member states were required to transpose the directive by March 27, 2026. Belgium failed to meet that deadline. On May 28, 2026, the European Commission sent a letter of formal notice to twenty member states, including Belgium. A few weeks later, the transposition was finally completed: the law of July 22, 2026, was published in the Belgian Official Gazette on August 4, 2026. It amends Book I (Definitions) and Book VI (Market Practices and Consumer Protection) of the Code of Economic Law (CEL) and will take effect on September 27, 2026, the same day the directive becomes applicable throughout the European Union.

The new rules

Twelve new prohibitions added to the blacklist of unfair commercial practices

The core of the law lies in Article VI.100 of the CEL, the so-called “blacklist.” Practices on that list are prohibited under all circumstances. Therefore, the court or the Economic Inspectorate no longer needs to determine whether the average consumer was actually misled. The legislature has added twelve new prohibitions, numbered 28° through 39°.

Five of the prohibitions concern environmental claims. From now on, it is always prohibited to display a sustainability label that is not based on a certification scheme with independent oversight and has not been established by a government. Generic environmental claims, such as “eco,” “green,” or “climate-friendly,” are also prohibited, unless the company can demonstrate recognized outstanding environmental performance that is relevant to the claim. The same applies to a claim about the entire product when only one aspect is environmentally friendly: anyone who states “made from recycled material” when only the packaging is recycled is violating the law. Furthermore, a company may no longer claim that its product has a neutral, reduced, or positive greenhouse gas impact due to emissions offsetting. Nor is it permitted to present legally required characteristics of a product category as a distinctive advantage of one’s own offering—for example, advertising that a product does not contain a substance that is already banned for the entire category.

The seven remaining prohibitions concern sustainability, software, and repairability. A company may not conceal the fact that a software update negatively affects a device’s performance, nor may it present an update as necessary when it merely adds functionality. It is prohibited to market a product with a built-in feature that limits its lifespan when the company is aware of that feature. This also applies to falsely attributing a specific lifespan to a product, presenting a product as repairable when it is not, encouraging the premature replacement of consumables such as ink cartridges, and unjustifiably discouraging the use of third-party consumables or spare parts.

Stricter rules for claims regarding future environmental performance and for comparison services

In addition to the blacklist, the law also tightens the general test for misleading advertising. Article VI.97, 2° of the CEL now explicitly mentions a product’s environmental and social characteristics and circularity aspects—such as sustainability, reparability, and recyclability—as elements regarding which consumers must not be misled.

For promises regarding the future, a separate regime is established in Article VI.98, 4° of the CEL. A claim regarding future environmental performance—such as “climate neutral by 2030”—is considered misleading if it is not based on clear, objective, publicly accessible, and verifiable commitments, contained in a detailed and realistic implementation plan with measurable and time-bound goals. Furthermore, that plan must be regularly verified by an independent external expert, and those findings must be made available to consumers.

Comparison services are also subject to a new requirement. According to Article VI.99, § 8 of the CEL, anyone who compares products based on environmental or social characteristics must provide information about the comparison method, the products being compared and their suppliers, and the measures taken to keep that information up to date. This information is considered essential: omitting it constitutes a misleading omission.

Comprehensive pre-contractual disclosure requirements regarding warranties, updates, and repairability

The second part of the law expands the information a company must provide before a purchase. Three new provisions stand out. First, the company must remind the consumer of the two-year statutory warranty of conformity, using a standardized notice whose form and content are identical to those of Implementing Regulation (EU) 2025/1960. If the manufacturer offers a free commercial lifetime warranty of more than two years on the entire product, a harmonized label is also provided. Both apply both in physical stores and online.

Second, the seller of goods with digital elements, digital content, or digital services must disclose the minimum period during which the manufacturer will provide software updates, whenever the manufacturer makes that information available. Third, where it exists, the repairability score of the good must be indicated. If no such score exists, the obligation shifts to providing information on the availability, estimated cost, and ordering procedure for replacement parts, as well as on repair restrictions. These obligations apply to both in-person sales and distance and off-premises sales.

A six-month transitional arrangement for existing goods

The law takes effect on September 27, 2026. Article 15 provides for one exception: the investigative and determinative powers of the officials appointed by the minister, as set forth in Article XV.2, § 1 of the CEL, shall not apply for a period of six months to violations of the new environmental claim prohibitions when such violations relate to goods that were produced, packaged, or placed on the market before September 27, 2026. After those six months, this grace period expires.

Legal analysis and interpretation

Why “CO2-neutral through offsetting” will be prohibited from now on

A manufacturer buys emission credits or plants trees, and then prints “climate neutral” on its packaging. Until now, anyone challenging that claim had to prove that it misled the average consumer. As of September 27, 2026, that debate will be over: Article VI.100, 31° of the CEL prohibits the claim as such, as soon as it is based on offsetting. It does not matter how sound the offsetting project is.

What is still allowed? A claim about the actual impact of the product itself—for example, a verifiable reduction in emissions within the supply chain. And the company may continue to communicate that it invests in climate projects, as long as it does not translate that investment into a carbon-neutrality claim about the product. The line is therefore drawn between “we invest in reforestation” and “this product is CO2-neutral.” The first statement remains permitted; the second is prohibited as soon as the neutrality results from offsetting.

Why the transitional arrangement offers less protection than it seems

At first glance, companies are granted a six-month grace period for their existing inventory. However, a comparison of the text of Article 15 with Article XV.2, § 1 of the CEL reveals three limitations. First, the scope of application: the regulation applies only to goods. A service provider that promotes “climate-neutral” deliveries or “green” energy is excluded from the start. Next, the scope: only the new prohibitions regarding environmental claims and sustainability are targeted, not the new disclosure requirements. The harmonized warranty notice must therefore be displayed everywhere as of September 27, 2026, including for existing inventory.

The third limitation is the most important. Article 15 merely suspends the Economic Inspectorate’s authority to investigate and determine these violations. A competitor or a consumer organization that files a motion for an injunction with the business court is not prevented from doing so by the transitional provision. In practice, the initial enforcement of unfair market practices often comes from competitors, who have a commercial interest in seeing a rival stop its green marketing. The six-month grace period therefore protects against inspections, not against competitors.

What evidence could still save a generic claim like “Eco”?

A package bears the word “eco,” and the explanation is provided on the manufacturer’s website. Is that enough? No. The law defines a generic environmental claim as a claim for which the specifics are not stated in clear and conspicuous terms on the same medium. Explanatory information provided through a different channel therefore does not count: the claim remains generic and falls under the prohibition set forth in Article VI.100, 29° of the CEL.

The only way out is to demonstrate recognized excellence in environmental performance. The law defines that concept strictly: the EU Ecolabel, according to Regulation (EC) No. 66/2010, an officially recognized national or regional environmental label of the EN ISO 14024 type, or the highest level of environmental performance under other Union law. A company’s own green logo, a self-declared certificate, or a label from a commercial partner without independent oversight does not meet that standard. Sustainability labels are also subject to a separate assessment: the underlying certification scheme must be open to all companies, have procedures in place for non-compliance, and be audited by an independent third party. As a result, self-designed green labels will disappear from the public eye or become subject to enforcement action.

Specifically, what does this mean?

For companies that make environmental claims. By September 27, 2026, review all packaging, websites, and campaigns against the new blacklist. Remove or substantiate any generic terms such as “eco,” “green,” “sustainable,” or “biodegradable”; replace offset-based neutrality claims with claims about actual impact; and verify that every label used is backed by a genuine certification program. Don’t forget the visual elements: logos, colors, and nature imagery also contribute to the overall impression consumers receive.

For retailers of electronics and goods with digital components. Ask your manufacturers what minimum period they specify for software updates and what information is available regarding spare parts and reparability, because as soon as the manufacturer provides that information, you must pass it on to the consumer. Include the harmonized warranty notice from Implementing Regulation (EU) 2025/1960 in your store and online shop, and the harmonized label when a lifetime warranty of more than two years is offered.

For providers of comparison services. Publish your comparison method, the list of compared products and suppliers, and how you keep the information up to date. This information is now essential: its absence alone constitutes a misleading omission.

Frequently asked questions (FAQ)

Can I still call my product “environmentally friendly” or “sustainable”?
Only if you can demonstrate recognized environmental performance that is relevant to the claim—such as the EU Ecolabel or an officially recognized ISO 14024 Type I ecolabel—or if you clearly and specifically define the claim on the same medium so that it is no longer generic. “Our packaging is made from 80 percent recycled cardboard” remains acceptable; “environmentally friendly packaging,” on the other hand, is not acceptable at all.

Does the new greenwashing law also apply to products that are already on the market?
Yes. Starting September 27, 2026, the rules will also apply to existing products. However, for goods that were produced, packaged, or placed on the market before that date, the Economic Inspectorate can only detect and determine violations of the new environmental claim and sustainability prohibitions after six months. A cease-and-desist order from a competitor remains possible during that period.

What are the risks for a company that uses a prohibited environmental claim after September 27, 2026?
These violations fall under the general enforcement regime set forth in Book XV of the Code of Economic Law, which provides for warnings, out-of-court settlements, and fines imposed by the Economic Inspectorate. In addition, any interested party, including a competitor or a consumer organization, may file a petition with the Business Court to have the practice cease.

Conclusion

Under the law of July 22, 2026, Belgian greenwashing law shifts from a case-by-case test of deceptiveness to a list of absolute prohibitions. As of September 27, 2026, generic environmental claims without recognized environmental performance, offset-based neutrality claims, uncertified sustainability labels, and misleading claims about lifespan and repairability will be prohibited by definition in Belgium, and these will be supplemented by extensive disclosure requirements regarding warranties, updates, and repairability. The six-month transition period only protects against administrative enforcement for existing goods, not against an injunction sought by a competitor. Anyone still engaging in green marketing today without supporting documentation therefore has just a few weeks left to compile that documentation or remove the claim.