Shortly before the new rules on environmental and sustainability claims come into force, the Bundestag has agreed on a transitional arrangement: goods already manufactured that feature environmental claims that will in future be prohibited can still be sold until 26 September 2028 under certain conditions.
From 27 September 2026, the following will apply the new guidelines on advertising with environmental and sustainability claims (EmpCo). This may also affect products that have already been manufactured or are currently on the market. On 24 September, the Bundestag decided to grant relief for such stock.
Resale possible until 2028
Products already manufactured may therefore remain on the market until 26 September 2028 if their destruction would be disproportionate or unsustainable. This may be the case, for example, if destruction would cause very high costs or if recalling goods already delivered would involve a disproportionate effort. A lack of severe negligence on the part of the company can also be taken into account.
The regulation is intended to prevent goods that are fundamentally marketable have to be destroyed solely on the basis of new requirements for environmental claims.
Packaging affected too
For the packaging industry, the transitional arrangement is particularly relevant if environmental or sustainability claims are already applied to produced packaging or packaged goods. However, the arrangement does not mean a general postponement of the new requirements.
Companies must therefore continue to review their environmental and sustainability claims. Newly produced products and packaging, as well as the associated communication, must be adapted to the requirements applicable from 27 September 2026.
Source: IHK Schleswig-Holstein
