COMPLIANCE DEEP DIVE

Sustainability Labels Under EmpCo: What OEKO-TEX and Global Standards Say About Claims

Published 28.09.2026 · Updated 03.10.2026 · Reading time ~10 min · by Lior Gabriel Graetz · LG Fashion Labs

Directive (EU) 2024/825 — amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition and referred to on this site as "EmpCo" (the Commission services' Q&A calls it the "ECGT Directive") — has been in force since 26 March 2024. Member States must apply their national implementing measures from 27 September 2026 (Article 4(1)). Annex I of the Unfair Commercial Practices Directive (UCPD, Directive 2005/29/EC) lists commercial practices that "shall in all circumstances be regarded as unfair", and EmpCo added a new point 2a to it: "Displaying a sustainability label that is not based on a certification scheme or not established by public authorities." Point 2a concerns sustainability labels as defined in Article 2(q) UCPD. The UCPD applies to "unfair business-to-consumer commercial practices" (Article 3(1)).

This guide covers what the law defines as a "certification scheme" and what OEKO-TEX and Global Standards (the body behind GOTS and GRTS) say in their published guidance about claims on certified products. Neither the Directive nor the Commission services' Q&A lists which named schemes qualify as a "certification scheme" under Article 2(r) UCPD. Sources: EUR-Lex, the Commission's September 2026 Q&A on the Directive, the CPC Network's common understanding on old stock situations (June 2026), and both certifiers' published material (see Sources).

27 Sep 2026

The date from which Member States must apply their measures implementing EmpCo, including those implementing Annex I point 2a on sustainability labels (Article 4(1)).

OEKO-TEX + GOTS

Both certifiers have published guidance on claims about their certified products: OEKO-TEX in its Labelling Guide, Global Standards in a document dated September 2026.

Unfair in all circumstances

Annex I practices can be deemed unfair "without a case-by-case assessment" (UCPD recital 17). Point 2a: a sustainability label "not based on a certification scheme or not established by public authorities".

1. The legal test: what makes a scheme a "certification scheme"

EmpCo inserted new points into Annex I of the Unfair Commercial Practices Directive (UCPD, Directive 2005/29/EC), the list of commercial practices that "shall in all circumstances be regarded as unfair" (UCPD Article 5(5)). According to UCPD recital 17, these are "the only commercial practices which can be deemed to be unfair without a case-by-case assessment against the provisions of Articles 5 to 9". New point 2a reads:

UCPD Annex I, point 2a (inserted by the Annex to EmpCo, see Article 1(4))

"Displaying a sustainability label that is not based on a certification scheme or not established by public authorities."

The Commission services' Q&A (Q17) reads point 2a as follows: "sustainability labels must be based on a certification scheme or established by public authorities. All other sustainability labels are prohibited in accordance to Annex I point 2a to the UCPD, as amended by Article 1(4) of the ECGT Directive." Recital 7 gives as examples of sustainability labels established by public authorities "logos awarded when complying with the requirements of Regulations (EC) No 1221/2009 or (EC) No 66/2010". The Directive does not define "public authority"; in the Commission services' preliminary view (Q&A, Q17), the display of sustainability labels established by "public authorities of non-EU Member States" (the question in Q17 refers to "third-country public authorities") "will be prohibited under Annex I point 2a" unless those labels are based on a certification scheme. The Directive defines "sustainability label" and "certification scheme" in Article 2(q) and (r) UCPD, as inserted by EmpCo. A sustainability label is "any voluntary trust mark, quality mark or equivalent, either public or private, that aims to set apart and promote a product, a process or a business by reference to its environmental or social characteristics, or both, and excludes any mandatory label required under Union or national law". A certification scheme is "a third-party verification scheme that certifies that a product, process or business complies with certain requirements, that allows for the use of a corresponding sustainability label, and the terms of which, including its requirements, are publicly available and meet the following criteria" (Article 2(r) UCPD):

#	Criterion (Article 2(r) UCPD, verbatim)
i	"the scheme is open under transparent, fair, and non-discriminatory terms to all traders willing and able to comply with the scheme's requirements;"
ii	"the scheme's requirements are developed by the scheme owner in consultation with relevant experts and stakeholders;"
iii	"the scheme sets out procedures for dealing with non-compliance with the scheme's requirements and provides for the withdrawal or suspension of the use of the sustainability label by the trader in case of non-compliance with the scheme's requirements; and"
iv	"the monitoring of a trader's compliance with the scheme's requirements is subject to an objective procedure and is carried out by a third party whose competence and independence from both the scheme owner and the trader are based on international, Union or national standards and procedures;"

Neither the Directive nor the Commission services' Q&A lists which named schemes qualify as a "certification scheme". Recital 7 states: "Before displaying a sustainability label, the trader should ensure that, according to the publicly available terms of the certification scheme, it meets minimum conditions of transparency and credibility, including the existence of objective monitoring of compliance with the requirements of the scheme." The Q&A (Brussels, September 2026) describes its content as "the preliminary views of the European Commission (EC) services" that "may not under any circumstances be regarded as stating an official position of the EC", and adds: "Only the Court of Justice of the European Union is competent to authoritatively interpret EU law." On the relationship between the scheme owner and the trader, Q8 of the Q&A says: "It is not prohibited that the scheme owner and the trader (displaying the sustainability label) is the same entity, as long as the certification scheme is compliant with the requirements mentioned above, including its openness under transparent, fair and non-discriminatory terms to all traders willing and able to comply with the scheme's requirements." About the third party that monitors compliance, it says that "compliance with the provisions of the ECGT Directive can only be achieved if the scheme owner and the third party are legally separated, i.e. there are two different legal entities".

2. Generic environmental claims and claims about the whole product (Annex I points 4a and 4b)

Annex I also contains point 4c, on claims based on the offsetting of greenhouse gas emissions, which this guide does not cover. Two Annex I entries on environmental claims are covered here:

UCPD Annex I, points 4a and 4b (inserted by the Annex to EmpCo, see Article 1(4))

4a: "Making a generic environmental claim for which the trader is not able to demonstrate recognised excellent environmental performance relevant to the claim."

4b: "Making an environmental claim about the entire product or the trader's entire business when it concerns only a certain aspect of the product or a specific activity of the trader's business."

Article 2(p) UCPD defines a "generic environmental claim" as "any environmental claim made in written or oral form, including through audiovisual media, that is not included on a sustainability label and where the specification of the claim is not provided in clear and prominent terms on the same medium". Recital 9 gives examples including 'environmentally friendly', 'eco-friendly' and 'green', and states that where the specification of the claim is provided in clear and prominent terms on the same medium, the claim is not considered to be a generic environmental claim. Article 2(s) UCPD defines "recognised excellent environmental performance" as "environmental performance compliant with Regulation (EC) No 66/2010 of the European Parliament and of the Council or with national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in the Member States, or top environmental performance in accordance with other applicable Union law". Article 2(s) does not name OEKO-TEX or GOTS.

Recital 10 states that the recognised excellent environmental performance in question "should be relevant to the entire claim", and also: "Similarly, a trader should not make a generic claim such as 'conscious', 'sustainable' or 'responsible' based exclusively on recognised excellent environmental performance, because such claims relate to other characteristics in addition to environmental characteristics, such as social characteristics." The Commission services' Q&A (Q7) names the Nordic Swan, Blue Angel, the Austrian Ecolabel and the Dutch Ecolabel (Milieukeur) as examples of national or regional EN ISO 14024 type I ecolabelling schemes, and says that claims such as "better for the environment", "environmentally friendly", "green", "ecological" or "eco-friendly" "can be used on products awarded with the EU Ecolabel or national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in the Member States". Q7 states one exception: mixtures (for example detergents, cosmetics, paints) labelled under the Classification, Labelling and Packaging (CLP) Regulation (Regulation (EC) No 1272/2008) must comply with its Article 25(4), under which statements such as 'ecological' shall not appear on the label or packaging. The Q&A does not quote or discuss the recital 10 sentence on 'conscious', 'sustainable' and 'responsible'; it refers to recital 10 only in Q9, among the recitals that elaborate on social characteristics.

Point 4b concerns claims about the entire product or business. Recital 11 gives as examples a product marketed as 'made with recycled material' "giving the impression that the entire product is made of recycled material, when in fact only the packaging is made of recycled material", and a trader giving "the impression that it is only using renewable energy sources when in fact several of the trader's business facilities still use fossil fuels".

3. What OEKO-TEX's Labelling Guide says about claims

OEKO-TEX publishes a Labelling Guide that includes an "EmpCo Recommendation" section. It says: "The examples shown are intended as recommendations. They are designed to ensure that your communications comply with the requirements of Directive (EU) 2024/825 (the 'EmpCo Directive')."

What OEKO-TEX recommends

Recommended wording

Each of the seven standards (STANDARD 100, MADE IN GREEN, ORGANIC COTTON, LEATHER STANDARD, STeP, ECO PASSPORT, RESPONSIBLE BUSINESS) has a "Product Claims" page. For four of them (STANDARD 100, MADE IN GREEN, ORGANIC COTTON, LEATHER STANDARD) approved B2B and B2C claims are available for download; for STeP, ECO PASSPORT and RESPONSIBLE BUSINESS, approved B2B claims.
"If you wish to further explain or specify your statement to consumers, please use only the B2C wording we provide for this purpose", and "place the B2C Claim directly next to the relevant OEKO-TEX® label".
"Deviating or self-formulated statements carry the risk of being classified as an impermissible generic environmental claim ('greenwashing')."
"If you are uncertain, or wish to deviate from our recommendations, please contact [email protected] in advance." For a claim not listed in the Labelling Guide, OEKO-TEX's "Claims usage" page says to submit a request to the same address.

Example — STANDARD 100 approved B2C claim

Example of approved wording

"Each component of [an/this] OEKO-TEX® STANDARD 100 certified product has been tested against a list of over 1,000 harmful substances."

The STANDARD 100 Product Claims page states: "The claims have been officially approved for English, German and Chinese. If you wish to translate them to any other language, please contact your testing institute for approval."

4. What Global Standards' guidance says about GOTS/GRTS claims

Global Standards gGmbH, the body behind the Global Organic Textile Standard (GOTS) and the Global Responsible Textile Standard (GRTS), published "Practical guidance for reviewing GOTS/GRTS-related claims and communications" (Version 1.0, release date September 2026). Its introduction refers to the adoption of the EmpCo Directive. The guidance describes itself as "intended as an orientation and self-assessment tool" and states: "Compliance with this guidance does not in itself guarantee compliance with applicable laws, regulations, or regulatory expectations. Nothing in this guidance constitutes legal advice." It adds that, as legal requirements, regulatory interpretations and enforcement practices continue to evolve, "this guidance may be amended or updated".

Pre-approved claims (closed list)

May be used as provided

"This product is GOTS-certified."

"We are GOTS certified, [Certification Body Name] [Certification Number]."

Also pre-approved: "We carry GOTS-certified items - look for the GOTS label on the product listing."; "This product is GRTS-certified."; "[For GOTS only] This product is made with x% organic / organic-in-conversion materials."; and, for GRTS, "We carry GRTS-certified items - look for the GRTS label on the product listing." and "We are GRTS certified, [Certification Body Name] [Certification Number]."

Examples Global Standards says are not allowed — GOTS-specific

Common errors Global Standards calls out

"GOTS cotton" / "GOTS-certified organic cotton"

Incorrect because GOTS certifies the processing of textiles made with organic fibres, not raw cotton itself — organic raw fibres must be certified by an accepted external organic certification before they enter the GOTS chain of custody.

"Made with GOTS-certified fabric/yarn/other components"

Incorrect because partial certification cannot be presented as full product certification: if GOTS-certified fabric is sewn in an uncertified facility, the chain of custody is broken and the final product is not considered certified.

For any claim not on the pre-approved list, Global Standards' guidance sets out a four-step self-assessment: (1) general clarity and truthfulness; (2) EmpCo high-risk categories — generic sustainability wording, future/aspirational commitments, absolute claims ("chemical-free," "harmless"), partial-scope claims implying a whole collection is certified when only some items are, and presenting a legally required characteristic (such as REACH compliance) as a special GOTS/GRTS advantage; (3) medium-risk claims that rely on common industry practice or on concepts without a clear definition; and (4) comparative-advantage claims suggesting GOTS/GRTS products are better than non-certified products, other schemes, industry averages or common market practice, which the guidance says need robust, verifiable evidence such as independent comparisons.

Global Standards' separate "Compliance support" pages for GOTS and GRTS (published 22 July 2026) address the Directive under the heading "EU Empowering Consumers for the Green Transition Directive 2024/825 (EmpCo)". They state that claims and labels "can only be used if based on a certification scheme with third-party verification and which meets the criteria defined under the EmpCo Directive" and that "GOTS fulfils all these requirements which means that any (correct) use of the GOTS certificate and the GOTS logo should ensure compliance with the EmpCo Directive regarding the substantiation of claims" (the GRTS page says the same for GRTS). That is Global Standards' own statement.

5. What this means for your brand

In our view, if you display OEKO-TEX or GOTS/GRTS marks, you should check whether each is a "sustainability label" (Article 2(q) UCPD). If it is, recital 7 states that, before displaying a sustainability label, the trader should ensure that, according to the publicly available terms of the certification scheme, it meets minimum conditions of transparency and credibility, and Q8 of the Commission services' Q&A says that "the trader has to check the publicly available terms of the scheme". OEKO-TEX (Labelling Guide) and Global Standards (September 2026 guidance) each publish guidance on how to word claims about certified products (sections 3 and 4). In our view, current hangtags, product pages and marketing materials can be audited against Annex I points 2a, 4a and 4b (the points covered in this guide) and against those documents. According to the Commission services' Q&A, the rules apply, in a business-to-consumer context, from 27 September 2026 to existing products and 'old stock', i.e. "products or packaging already manufactured, ordered, distributed or placed on retailers' shelves before the application date" (Q18), and the Directive "does not provide for a transition period beyond this date" (Q8); the Q&A mentions, for environmental claims or sustainability labels on packaging that would not comply with the new rules, practical options such as "covering or correcting claims by stickers or adding supplementary information at the point of sale" (Q18). See the last FAQ below.

Separately, check generic language sitting near a certification logo. Recital 9 gives 'climate-friendly packaging' as an example of a generic claim and states that a claim is not generic where its specification is provided in clear and prominent terms on the same medium. Annex I point 4a applies to a generic environmental claim unless the trader can demonstrate recognised excellent environmental performance relevant to the claim (Article 2(s) defines the term). For a generic claim using a term such as 'sustainable', recital 10 addresses such terms (see section 2).

This is a labelling and marketing-communications question, distinct from the Digital Product Passport itself — see our DPP × EmpCo guide for how the Digital Product Passport's legal basis and EmpCo relate, and our Green Claims Directive vs. EmpCo guide for how EmpCo compares to the Green Claims proposal, which has not been adopted.

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Frequently asked questions

Can I still display the OEKO-TEX or GOTS label after 27 September 2026? +

The Directive does not list labels that may or may not be displayed; the test is in Annex I point 2a, which covers "[d]isplaying a sustainability label that is not based on a certification scheme or not established by public authorities". Article 2(r) UCPD defines a certification scheme as "a third-party verification scheme that certifies that a product, process or business complies with certain requirements, that allows for the use of a corresponding sustainability label, and the terms of which, including its requirements, are publicly available and meet the following criteria", followed by four criteria on openness, the scheme owner's consultation of experts and stakeholders, procedures for non-compliance, and monitoring by an independent third party (see section 1). Neither the Directive nor the Commission services' Q&A says whether a named scheme meets them. OEKO-TEX states on its FAQ page: "OEKO-TEX® meets the requirements EmpCo sets for a certification scheme." That is OEKO-TEX's own statement. Global Standards' claims guidance does not state whether GOTS meets Article 2(r); its separate "Compliance support" pages for GOTS and GRTS (published 22 July 2026) state that claims and labels can only be used "if based on a certification scheme with third-party verification and which meets the criteria defined under the EmpCo Directive" and that "GOTS fulfils all these requirements" (GRTS page: "GRTS fulfils all these requirements"). That is also the certifier's own statement.

What happens if a sustainability label doesn't meet the certification-scheme test? +

Annex I point 2a ("Displaying a sustainability label that is not based on a certification scheme or not established by public authorities") is among the practices that "shall in all circumstances be regarded as unfair" (UCPD Article 5(5)). The Commission services' Q&A (Q8) states that any sustainability label on the market as of 27 September 2026 must comply with these provisions, that existing schemes that do not meet the requirements of Article 2(r) "must be adapted accordingly, otherwise the associated labels must be removed from commercial communications", and that the ECGT Directive "does not provide for a transition period beyond this date".

What do Global Standards and OEKO-TEX say about claim wording such as "GOTS certified" or "OEKO-TEX certified"? +

Global Standards' guidance lists "This product is GOTS-certified." among its pre-approved claims that "may be used as provided", and flags "GOTS cotton", "GOTS-certified organic cotton" and "Made with GOTS-certified fabric/yarn/other components" as examples of claims that are not allowed: GOTS certification covers the processing of textile goods made with organic fibres, not raw cotton itself, and partial certification cannot be represented as full product certification. For OEKO-TEX, the Labelling Guide offers approved claim wording per standard (see section 3); its EmpCo Recommendation states: "Deviating or self-formulated statements carry the risk of being classified as an impermissible generic environmental claim ('greenwashing')."

How do the rules on generic environmental claims relate to sustainability labels? +

Annex I point 4a covers "[m]aking a generic environmental claim for which the trader is not able to demonstrate recognised excellent environmental performance relevant to the claim". A generic environmental claim is one that is "not included on a sustainability label" and whose specification is not provided in clear and prominent terms on the same medium (Article 2(p) UCPD). The Commission services' Q&A (Q4) says that claims made as part of a sustainability label "can still be subject to other relevant provisions of the UCPD" and that this "should preclude traders from using sustainability labels as a 'safe haven' for misleading or irrelevant claims". Article 2(s) defines "recognised excellent environmental performance" as "environmental performance compliant with Regulation (EC) No 66/2010 of the European Parliament and of the Council or with national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in the Member States, or top environmental performance in accordance with other applicable Union law". Q7 of the Q&A says that claims such as "better for the environment", "environmentally friendly", "green", "ecological" or "eco-friendly" can be used on products awarded with the EU Ecolabel or national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in the Member States; it states one exception: mixtures (for example detergents, cosmetics, paints) labelled under the Classification, Labelling and Packaging (CLP) Regulation (Regulation (EC) No 1272/2008) must comply with its Article 25(4), under which statements such as 'ecological' shall not appear on the label or packaging. For 'conscious', 'sustainable' and 'responsible', recital 10 states: "Similarly, a trader should not make a generic claim such as 'conscious', 'sustainable' or 'responsible' based exclusively on recognised excellent environmental performance, because such claims relate to other characteristics in addition to environmental characteristics, such as social characteristics."

Are trademarks like brand names treated as sustainability labels under EmpCo? +

The Commission services' Q&A (Q3) says: "It is generally unlikely that individual trade marks would be considered 'sustainability labels' (which is a 'trust mark, quality mark or equivalent'), since trade marks are required to be commercially distinctive from those of other traders or products." It adds that "brand names, and product names regardless of their protection under intellectual property law may be assessed as environmental claims under the ECGT Directive if they convey an environmental message, either explicitly or implicitly", and that trade marks that are 'certification marks' (as defined in Article 27 of Directive (EU) 2015/2436) "can function as sustainability labels if they promote a product, process or business with reference to its environmental or social characteristics or both", in which case "traders may display these certification marks only if the marks are established by public authorities or are based on a certification scheme" (see also recital 7).

What about unsold stock already labelled before 27 September 2026? +

The Commission services' Q&A (Q18) states that, from 27 September 2026, traders need to ensure that their environmental claims and sustainability labels in a business-to-consumer context comply with the new provisions "including for existing products or 'old stock' situations", and that, where traders identify environmental claims or sustainability labels on packaging that would not comply with the new rules, they will have practical options such as "covering or correcting claims by stickers or adding supplementary information at the point of sale". It also states that enforcement lies with national competent authorities and courts, which "may take into account the gravity of infringements and the specific circumstances of each case". A Common Understanding of the Consumer Protection Cooperation (CPC) Network on old stock (June 2026), which "does not constitute a formal position of the CPC network or a legally binding interpretation of the ECGT Directive", states that "[o]ld stock situations do not exempt traders from complying with the new ECGT rules" and that authorities "may take a phased approach where old stock situations give rise to genuine and specific transitional difficulties in the early stages of application of the ECGT rules".

Sources

EmpCo Directive — full textDirective (EU) 2024/825 of the European Parliament and of the Council of 28 February 2024 amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and through better information, Article 1(1)(b) (UCPD Article 2 definitions, points (o)–(w); points (p) to (s) are discussed here), Article 1(4) (amending UCPD Annex I in accordance with the Annex; points 2a, 4a and 4b are discussed here), Article 4 (Member States adopt and publish measures by 27 March 2026 and apply them from 27 September 2026), Article 5 (entry into force on 26 March 2024); recitals 7, 9, 10 and 11. CELEX 32024L0825 ↗
European Commission — Q&A on the ECGT/EmpCo DirectiveEuropean Commission, Directorate-General for Justice and Consumers, "Questions & Answers" on Directive (EU) 2024/825, Brussels, September 2026 (Ref. Ares(2026)8917120 of 21/09/2026) — non-binding preliminary views of Commission services, in particular Q3 (brand names, trade marks and certification marks), Q4 (generic environmental claims and sustainability labels), Q7 (recognised excellent environmental performance), Q8 (certification scheme requirements), Q17 (public authorities), Q18 (existing products and old stock). The document states that it contains "the preliminary views of the European Commission (EC) services" and that "[o]nly the Court of Justice of the European Union is competent to authoritatively interpret EU law". commission.europa.eu ↗
OEKO-TEX® — EmpCo Recommendation & Labelling GuideOEKO-TEX® Labelling Guide, "EmpCo Recommendation" (general rules), "Claims usage" (general rules), the "Product Claims" pages of the seven standards (including the "STANDARD 100" page and the "Approved Claims - B2C directed" PDF) and the OEKO-TEX® FAQ page; consulted 2 October 2026. oeko-tex.com/labelling-guide ↗
Global Standards (GOTS/GRTS) — EmpCo claims guidanceGlobal Standards gGmbH, "Practical guidance for reviewing GOTS/GRTS-related claims and communications," Version 1.0, release date September 2026; consulted 2 October 2026. global-standards.org/resources/labelling ↗ Global Standards, "Compliance support GOTS" and "Compliance support GRTS" pages (published 22 July 2026), section "EU Empowering Consumers for the Green Transition Directive 2024/825 (EmpCo)"; consulted 3 October 2026. GOTS page ↗ · GRTS page ↗
Consumer Protection Cooperation Network — old stockCPC Network, "Common understanding on old stock situations", June 2026. commission.europa.eu ↗
Unfair Commercial Practices DirectiveDirective 2005/29/EC, Article 3(1), Article 5(5), recital 17 and the heading of Annex I ("Commercial practices which are in all circumstances considered unfair"). CELEX 32005L0029 ↗

Sources consulted for this guide are listed above; they were last checked on 3 October 2026. The Commission services' Q&A states that its content consists of "preliminary views of the European Commission (EC) services" that "may not under any circumstances be regarded as stating an official position of the EC". Global Standards' guidance states that compliance with it "does not in itself guarantee compliance with applicable laws, regulations, or regulatory expectations" and that it "may be amended or updated". This is general information, not legal, financial or investment advice.