2026 Brings New Rules for Advertising and Distribution – EmpCo, EUDR, PPWR and More

Companies operating in Europe will once again face significant new EU regulations in the areas of environmental and consumer protection in 2026.

One of the most prominent developments is the Empowering Consumers Directive (EmpCo), which was transposed into German law at the end of January 2026 and will apply in Germany from 27 September 2026, without any transitional period. From that date, general environmental claims relating to products or services, as well as the use of non-certified environmental and sustainability labels, will be prohibited.

The practical scope of the new rules is extremely broad. Even the choice of colour for packaging or advertising materials may be interpreted as implying a general environmental claim. Likewise, the use of trademarks, general symbols or company-specific signs that could suggest the environmental friendliness or sustainability of a product may constitute an inadmissible advertising claim.

Companies should therefore review and adapt their advertising, as well as their product and corporate communications, at an early stage to ensure compliance with the new requirements. The time available for making the necessary adjustments is limited, and consumer protection organisations and competition authorities are likely to take an active approach in pursuing infringements relating to unlawful environmental and sustainability claims.

Another development of comparable significance is the European Deforestation Regulation (EUDR), which will become applicable in 2026. The Regulation requires all companies operating on the European market to ensure—and to be able to demonstrate—that no products are placed on the market whose raw materials originate from deforested land. Companies must therefore implement appropriate compliance measures to mitigate the risk of enforcement actions. In particular, the due diligence and documentation obligations will apply to all operators throughout the supply chain.

In addition, the EU will introduce a new Packaging and Packaging Waste Regulation (PPWR) aimed at strengthening environmental protection and sustainability in the area of packaging. Following transitional periods, the majority of the Regulation’s obligations will apply from August 2026. Besides new requirements concerning the material composition of packaging, the Regulation primarily introduces information and labelling obligations for packaging materials, as well as obligations relating to reuse and recycling. These requirements apply not only to manufacturers but to all economic operators involved in the distribution chain. In light of the new regulatory framework, companies distributing packaged products should review their current packaging practices to ensure compliance and avoid potential enforcement measures.

Finally, further consumer rights will be introduced across the EU in 2026. These include, for example, a right to repair electrical appliances even after the expiry of the two-year statutory warranty period, as well as the introduction of a “withdrawal button” for online transactions.

Against this background, companies are well advised to review and, where necessary, adapt their distribution activities—particularly with regard to advertising, product documentation, online sales channels and packaging—in light of the numerous regulatory changes ahead.

We would be pleased to assist you in assessing the impact of these developments and implementing the necessary compliance measures.

Contact:
Christine Vock, LL.M. (Intellectual Property Law)
Attorney at Law