EmpCo and OEKO-TEX®: What Companies Need to Know Now

The EmpCo Directive – officially Directive (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 – tightens EU rules against misleading commercial practices in sustainability communication.

The EmpCo Directive applies to companies based in the EU and to companies outside the EU if their products are marketed in the EU. It is particularly relevant to brands, retailers, online shops and platforms, as well as companies that use product labels or test marks in their communications. Marketing, product, sustainability and compliance teams are also affected. B2B companies should also take the requirements into account if their product information, certificates or labels are subsequently used in communications aimed at end consumers (B2C).

The Directive expands the existing rules against unfair commercial practices and specifies the product characteristics about which consumers must not be misled. These expressly include environmental and social characteristics, as well as product lifespan and circular economy aspects, such as durability, repairability or recyclability.

Particularly relevant are:

• Environmental claims
  for example regarding resource use, chemical safety, recycled content, climate or environmental performance
• Claims relating to social standards
  for example regarding working conditions, human rights and responsible production
• Claims relating to product lifespan and the circular economy
  for example regarding repairability, longevity, reusability or recyclability
• Sustainability labels and certifications
  including quality marks, trust marks and other labels highlighting environmental or social characteristics
• Comparative environmental and social claims
  where products are compared on the basis of environmental, social or circular economy characteristics, the underlying information must be transparent
• Product-related climate neutrality claims
  claims such as “climate neutral” or “CO₂ neutral” are particularly critical if they are based on offsetting outside the actual product value chain.

The Directive specifically prohibits claims based on the offsetting of greenhouse gas emissions that create the impression that a product has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions.

Companies using terms such as “sustainable”, “green” or “environmentally friendly” must be able to explain exactly what is meant and substantiate the claim with appropriate evidence.

Particularly strict requirements apply to generic environmental claims. A generic environmental claim may not be used if the recognised excellent environmental performance suggested by the claim cannot be demonstrated.

The EmpCo Directive was adopted in 2024. EU Member States must transpose it into national law.
Important dates:

• 6 March 2024: publication in the Official Journal of the European Union
• 27 March 2026: deadline for transposition into national law by EU Member States
• 27 September 2026: application of the new rules

More precisely, the Directive requires Member States to adopt and publish the necessary national provisions by 27 March 2026 and to apply them from 27 September 2026.

Enforcement will be carried out by national authorities. Details regarding sanctions will be regulated at Member State level.

For companies, this means that product claims, label use and sustainability communication should be reviewed and documented at an early stage.

The EmpCo Directive defines requirements for certification schemes underpinning sustainability labels. A central element is the transparent and demonstrable independence of conformity assessment.

OEKO-TEX® addressed these requirements at an early stage and prepared the necessary adjustments carefully, drawing on several independent legal opinions.

The governance reorganisation therefore focuses on a clear separation between standard setting and conformity assessment, supported by formally established structures that safeguard independence.

1. A new legal and governance structure
• Conversion of the existing limited liability company (GmbH) into a public limited company (AG)
• A Board of Directors as the highest decision-making body

2. Institutionalised independence and transparency
• A Statute of Independence
• An Independence Council
• An anonymous reporting channel for whistleblowing

3. Harmonised, ISO-aligned procedures
• A new accreditation agreement aligned with international standards, including ISO/IEC 17025 and ISO/IEC 17065
• Uniform, non-discriminatory requirements and quality assurance throughout the entire system

These measures ensure that OEKO-TEX® meets the EmpCo requirements applicable to certification schemes and is well prepared for future regulatory developments.

OEKO-TEX® certifications can help companies better substantiate specific product and supply chain claims. The correct allocation of the claims is decisive:

1. Legal certainty
Claims related to your OEKO-TEX® labels, when used in accordance with our Labelling Guide, comply with EmpCo requirements and can therefore continue to be used in your communications.

OEKO-TEX® remains a global system supported by accredited certification bodies. Standard setting continues to involve independent external experts through a multi-stakeholder process and public consultation.

Please note: The recommendations in the OEKO-TEX® Labelling Guide support clear and consistent communication. However, they do not replace legal review in individual cases, particularly where different wording, terms or presentations are used.

For customers and partners, nothing will change in day-to-day business: testing, auditing and certification continue unchanged. What is strengthened is the demonstrable independence of the system.

The reorganisation therefore affects the governance and the institutional safeguarding of the independence of the OEKO-TEX® system – not the established testing, auditing and certification processes.

The affected OEKO-TEX® labels remain legally compliant and may continue to be used without restriction after 27 September 2026.

Companies should review their sustainability communication at an early stage. It is not only the claim itself that matters, but also the context: product, market, medium, certificate, evidence and target audience.

Important points include:
• formulate claims specifically rather than generally
• use labels only for products that are actually certified
• communicate the certification scope transparently
• clearly distinguish between product safety, production, traceability and due diligence along the supply chain
• document certificates and label approvals
• ensure consistent claims across marketing, product management and compliance
• enable consumers to verify information easily, for example via the Label Check
• position labels in product marketing so that the link to the certified product is clear

In addition, companies should verify whether a claim extends beyond the specific content of the certification. An OEKO-TEX® certification can support a claim relating to specific tested or certified characteristics, but it does not provide evidence for arbitrary environmental or sustainability claims.

The OEKO-TEX® labels can be used for promotion, e.g. on packaging according to the Labelling Guide.

For websites and product detail pages, pre-approved wording is available. Please refer to the Labelling Guide.

Basic principle
Not every certified product should be advertised in general terms as “sustainable”. More appropriate are specific claims such as “tested for harmful substances”, “traceable via Label Check” or “manufactured in STeP-certified facilities”, provided that the respective statement applies to the product.

Particular caution is required for general presentations without a direct link to a specific certified product. The impression should not be created that a company, an entire product range or a non-certified product is certified according to an OEKO-TEX® standard.

The allocation must also be clear in online shops. Where certified and non-certified products are presented together, the positioning, design or wording must not create the impression that the OEKO-TEX® label applies to all products shown.

OETI supports companies in correctly classifying OEKO-TEX® certifications and using them for clear, robust product communication.

We support you with:
• selecting the appropriate OEKO-TEX® certification
• reviewing product and material requirements
• correctly using OEKO-TEX® labels
• classifying claims relating to harmful substance testing, chemical management, production and traceability
• using the Label Check and Buying Guide
• preparing for increasing transparency requirements in the EU market
• establishing clear internal processes for sustainability communication
• aligning certification scope and product communication so that technical certification and marketing claims clearly correspond
• interpreting the requirements of the applicable OEKO-TEX®

Labelling Guide
This helps reduce greenwashing risks, structure evidence more effectively and communicate product information more clearly.
At the same time, specific, traceable and independently verified claims strengthen customer trust and help companies distinguish credible sustainability communication from broad or unsubstantiated claims.

For decades, OETI has been a trusted partner for OEKO-TEX® solutions, supporting customers with extensive expertise and experience. As a founding member of the OEKO-TEX® Association, OETI has contributed to the system's development from the very beginning.