From 27 September 2026, new EU rules against greenwashing introduced by Directive (EU) 2024/825 will apply across the European Union, strengthening consumer protection against misleading commercial practices involving environmental claims.
As the new rules come into effect, one of the key issues for businesses concerns the management of products that have already been packaged or entered the distribution chain with labels and environmental claims prepared before 27 September. To address this issue, on 30 June 2026 the European Consumer Protection Cooperation (CPC) Network adopted a common approach setting out a number of criteria for dealing with existing stock.
The document does not provide an exemption from the new rules and does not constitute a legally binding interpretation. It does, however, set out a shared approach for European enforcement authorities, based on gradual enforcement and proportionate measures during the transition period.
New EU rules against greenwashing
Directive (EU) 2024/825 amended EU legislation on unfair commercial practices, introducing more specific provisions to tackle misleading or insufficiently substantiated environmental claims.
Misleading environmental claims could already be challenged under the previous regulatory framework. The new Directive, however, has introduced more detailed prohibitions and new rules governing the information provided to consumers (for further reading, see also: "Greenwashing: The EU Publishes Blacklist of Deceptive Business Practices").
Member States were required to transpose the Directive into national law by 27 March 2026, while the new provisions will apply from 27 September 2026.
What happens to products already packaged?
The approach developed by the CPC Network specifically addresses situations where businesses have products, packaging or materials that were prepared before the new provisions become applicable.
The starting principle is that existing stock is not automatically exempt from the new rules. Businesses are therefore expected to move towards compliance without undue delay and to act in good faith in doing so.
At the same time, national authorities may take into account practical difficulties arising during the transition period and assess each company's circumstances on a case-by-case basis, avoiding unreasonable or disproportionate measures.
The agreement also clarifies that the new provisions concern the way products are presented and marketed to consumers and do not, in themselves, alter the conditions under which those products may be placed on the market.
Six principles for managing existing stock
The CPC Network document sets out six principles intended to guide national authorities when dealing with existing stock:
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businesses should move towards compliance without delay and in good faith, as existing stock does not constitute an exemption from the new provisions;
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enforcement may be introduced gradually where genuine and documented transitional difficulties exist;
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authorities may take objective practical constraints into account on a case-by-case basis;
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businesses are expected to make reasonable and proportionate efforts to achieve compliance and retain evidence of those efforts;
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unreasonable or disproportionate measures should be avoided;
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in justified transitional situations, a compliance-oriented approach may precede enforcement action or sanctions.
Which areas will be prioritised for enforcement?
The agreement also identifies a number of areas on which enforcement authorities may initially focus. These include environmental claims published online, which can be amended without physically altering packaging that has already been produced.
Other priorities include claims that have already been subject to previous enforcement action, practices considered particularly harmful to consumers, marketing materials other than packaging and products with a faster turnover.
The aim is therefore to distinguish between situations where compliance can be achieved quickly and those involving practical constraints, such as packaging production processes or stock that has already entered the distribution chain.
Documenting the steps taken by businesses
Another important aspect concerns the ability of businesses to document the steps taken to comply with the new rules and the timeframe within which those measures were implemented.
Factors that authorities may take into consideration include packaging production cycles, the volume of existing stock, production or purchase orders placed before the new provisions become applicable, possible supply-chain dependencies, product shelf life and the technical feasibility of making changes to packaging.
Businesses should also retain documentation showing the measures taken and the corresponding timeframe, together with the internal procedures adopted to ensure compliance and the activities carried out to verify the substantiation of the environmental claims used.
Product destruction and withdrawal are not automatic
Under the CPC agreement, national authorities may refrain from requiring products to be destroyed or withdrawn from the market in transitional situations involving existing stock. Such measures may be considered unreasonable or disproportionate where they would result in excessive costs or unnecessary environmental harm.
Measures that may contribute to compliance include removing or amending online claims, updating advertising materials, adapting future packaging and new orders and, where technically feasible, using stickers or modifying labels. Corrective information may also be provided at the point of sale, while suppliers and distributors may be involved in the compliance process.
