Since 27 September 2026, the rules of the Empowering Consumers Directive (EmpCo Directive) apply in the EU Member States. The EmpCo Directive aims to tackle unfair commercial practices that mislead consumers and prevent them from making sustainable consumption choices, such as practices associated with the early obsolescence of goods, misleading environmental claims (“greenwashing”), misleading information about the social characteristics of products or traders’ businesses, or non-transparent and non-credible sustainability labels. We previously reported on this important piece of EU Green Deal legislation and its impact on your IP strategy: No Need to Hush? – The EU EmpCo Directive’s very real impact on your IP strategy | Global IP & Technology Law Blog
No statutory transition period
A key concern of companies preparing for the new law was that there is no statutory transition period. From 27 September 2026 onwards, existing product packaging and other advertising are expected to comply with the new rules. For old stock such as already printed packaging, the European Commission’s FAQ published in November 2025 suggested measures to cover or correct claims by stickers or adding supplementary information at the point of sale. Industry associations strongly opposed the lack of a transition period, pointing to the impracticability of the “sticker solution” and the risk that perfectly good products had to be destroyed, which is not economically sound and counteracts the objectives of the new law.
The German approach: Section 15b of the UWG
On 24 September 2026 – three days before the effective date – the German legislator enacted a new section 15b of the German Act against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb – UWG), adding it to the – completely unrelated – Act on the Modernization of Design Law. According to the explanatory memorandum[1], the provision, which only applies to products placed on the market before 27 September 2026, adopts the EU Commission’s clarification in its revised FAQ published in September 2026[2]. Correspondingly, section 15b UWG does not provide for a sell-off period, but obliges the competent court to weigh the circumstances of each individual case to prevent the destruction of goods, considering the gravity of the violation, the defendant’s efforts made to comply, the associated costs and environmental impacts. Section 15b UWG does not apply to flanking print and digital advertising and is due to be repealed on 27 September 2028.
Broader picture and outlook
Companies that adjusted their packaging and claims in a timely manner may be upset by this legislative surprise egg. Competitors who waited the situation out are not off the hook, though, as their own efforts to comply will be factored into the assessment. We therefore maintain our advice that companies that still have old stock on the market should strive for compliance as quickly as possible, and document the process carefully to be able to rely on the protections that section 15b UWG may provide.
A different approach was chosen in Austria when implementing the EmpCo Directive in July 2026. Section 44(16) of the Austrian Unfair Competition Act excludes civil claims arising from the new EmpCo rules for a period of three years (without the requirement to weigh interests), provided that the product was placed on the market before 27 September 2026.
It remains unclear whether these national transitional regimes would withstand scrutiny by the Court of Justice of the European Union. What is unique are the timing and circumstances of the enactment of the new transitional rule in Germany. It remains to be seen whether legislative emergency brakings will occur more often in the future, particularly in highly controversial fields subject to sharp criticism by business and industry associations. Our international multidisciplinary team monitors such legislative developments closely and can help businesses assess their implications across multiple jurisdictions with ease.
[1] Deutscher Bundestag, Drucks. 21/8158 dated 23 September 2026, p. 43 et seq. (https://dserver.bundestag.de/btd/21/081/2108158.pdf).
[2] The EU Commission’s most recent FAQ can be accessed here: https://commission.europa.eu/document/download/3c257883-bb2a-4dd9-a6dc-501d587bb34f_en?filename=faq-empowerting-consumers-gtd.pdf.