How do green claims regulations affect your packaging marketing?

Green claims regulations directly affect packaging marketing by requiring that every environmental statement made to consumers be specific, substantiated, and verifiable. Generic terms like “eco-friendly” or “sustainable” are no longer legally acceptable without documented proof. The rules apply across packaging, websites, social media, and catalogues. This article walks through what the regulations require, which claims are now banned, how to substantiate compliant ones, and what steps packaging brands need to take before the key 2026 deadlines.

What do green claims regulations actually require from packaging companies?

Green claims regulations require packaging companies to ensure that every environmental statement made to consumers is specific, true, and backed by documented evidence. Vague or generic claims are prohibited. The operative EU regulation is the Empowering Consumers for the Green Transition Directive, known as EmpCo (Directive EU 2024/825), which applies from 27 September 2026 and amends existing EU consumer law rather than creating an entirely new framework.

EmpCo does not ban sustainability communication. It raises the evidentiary bar for it. A claim must be accurate for the specific product or packaging unit it describes, must not simply reflect compliance with a legal minimum, and must demonstrate that the product performs meaningfully better than common practice. Importantly, the separate Green Claims Directive proposal was formally withdrawn by the European Commission in June 2025, so EmpCo is now the primary operative regulation for green claims in B2C contexts across the EU.

Alongside EmpCo, packaging companies face two further regulatory layers in 2026. The EU Packaging and Packaging Waste Regulation (PPWR) applies from 12 August 2026 and includes its own Article 14 provision: environmental claims about packaging properties can only be made where those properties exceed the applicable minimum PPWR requirements. Companies must also specify whether a claim applies to the entire packaging unit or only part of it. The EU Deforestation Regulation (EUDR) extends to paper, board, and wood packaging from 30 December 2026, adding a third compliance obligation for fibre-based packaging producers.

At Jospak, we design our cardboard trays specifically to meet the PPWR’s requirement that all packaging be recyclable at scale by 2030. The cardboard and film are separated so that valuable fibre can be returned to existing collection systems. That design choice is not a marketing claim in isolation; it is a technical specification supported by recyclability data across confirmed markets including Finland, Sweden, Germany, Poland, and Switzerland.

Which environmental claims on food packaging are now banned or restricted?

EmpCo adds twelve new prohibited practices to the EU’s blacklist of unfair commercial practices. The banned claims include generic environmental terms such as “environmentally friendly,” “eco-friendly,” “green,” “ecological,” “climate friendly,” “carbon friendly,” “biodegradable,” “biobased,” “natural,” and “sustainable” when used without substantiated proof of recognised excellent environmental performance relevant to the specific claim.

The scope of what is restricted goes well beyond obvious greenwashing. Several specific claim types are now explicitly prohibited:

• Carbon neutrality claims based on offsetting: Claims such as “carbon neutral,” “CO2 neutral,” or “climate positive” are banned when they rely on purchasing carbon credits rather than actual emissions reductions within the value chain. Offset certificates ceased to be a valid legal basis for a product-level climate claim in the EU market as of 27 September 2026.
• Self-invented sustainability labels: Any logo, badge, or symbol created internally by a company, without a public authority or certified third-party scheme behind it, is banned. The EU identified over 230 sustainability labels across the single market with vastly different transparency levels; this proliferation is precisely what the prohibition targets.
• Partial claims presented as whole-product claims: An environmental benefit associated with one component, for example, the cardboard base of a tray, must not be presented in a way that implies the same benefit applies to the entire packaging system.
• Mandatory requirements presented as voluntary achievements: Presenting compliance with a legal minimum, such as meeting a recycled content threshold required by PPWR, as though it were a voluntary sustainability commitment is explicitly prohibited.
• Vague future promises: Statements like “We will be carbon neutral by 2035” are banned unless backed by a publicly available, externally verified implementation plan with interim targets checked by an independent third party.
• Visual greenwashing: Using leaf imagery, nature symbols, or green colour schemes alongside generic words does not exempt a claim from scrutiny if the overall presentation creates a generic environmental impression.

For food packaging specifically, “recyclable” claims carry their own restriction: the packaging must be genuinely collected and processed at scale in the specific market where the claim is made, not just theoretically recyclable under laboratory conditions.

A European Commission study found that more than half of assessed environmental claims were vague, misleading, or completely unfounded, a finding that directly underpins the regulatory rationale for these prohibitions.

How do you substantiate a packaging sustainability claim under EU law?

To substantiate a packaging sustainability claim under EU law, companies must base their evidence on recognised scientific methodology, demonstrate environmental significance from a life-cycle perspective, confirm whether the claim applies to the whole product or only part of it, and show that the benefit exceeds what is legally required. Independent third-party verification by an accredited conformity assessment body is required for most explicit environmental claims.

Life Cycle Assessment (LCA) methodology, evaluated against standards such as ISO 14040/44, is the primary recommended tool for substantiating environmental claims. For carbon footprint calculations specifically, ISO 14067 provides the recognised framework. Self-assessment is not sufficient for most explicit claims under EmpCo.

For recyclability claims, the substantiation requirement is particularly detailed. Evidence must include a recyclability assessment under real collection conditions in the relevant market, supporting LCA data, and third-party verification. That documentation must be retained for the life of the claim plus an audit window, and the trader making the claim holds liability.

At Jospak, we use a carbon footprint calculator developed with our partner OpenCo2.net to calculate the carbon footprint of our trays from raw materials through to the customer. This provides an auditable calculation trail and enables us to support customers in their own sustainability reporting. Our FSC Chain of Custody certification (FSC® C151779) provides third-party verified, annually audited confirmation that the wood fibre in every tray has passed through a verified chain of custody, a substantiated, auditable claim rather than a marketing label. Our BRCGS Packaging AA+ certification adds a further layer of independently verified quality and safety assurance.

Recognised ecolabelling schemes, such as the EU Ecolabel under Regulation EC No. 66/2010, or EN ISO 14024 Type I schemes such as Nordic Swan or Blue Angel, provide a route to demonstrating excellent environmental performance that satisfies EmpCo’s requirements. Claims supported by such schemes carry built-in third-party verification, which is precisely what the regulation demands.

What’s the difference between greenwashing and a compliant green claim?

The difference between greenwashing and a compliant green claim comes down to proof. Greenwashing relies on appearance: broad language, nature imagery, and unverified labels that create a positive environmental impression without supporting evidence. A compliant green claim relies on certification, traceability, and measurable data that can withstand regulatory scrutiny.

The European Parliament defines greenwashing as giving a false impression of the environmental impact or benefits of a product. EmpCo makes this an unfair commercial practice under EU law, enforceable by national authorities from 27 September 2026 using existing UCPD enforcement structures already in place across all member states.

A practical comparison illustrates the distinction clearly:

• Banned: “Environmentally friendly packaging” – generic, unsubstantiated, no evidence of relevant environmental performance.
• Compliant: “Packaging made from at least 85% fibre from sustainably managed forests, FSC® certified” – specific, measurable, third-party verified.
• Banned: “Carbon neutral” via offsetting – relies on credits rather than actual value-chain reductions.
• Compliant: “Produced with 100% renewable electricity at our Forssa facility” – specific, attributable, verifiable.
• Banned: A self-created “eco badge” without independent certification behind it.
• Compliant: An EU Ecolabel or Type I ecolabel from an accredited scheme.

The penalties for non-compliance are substantial. EmpCo sets a minimum penalty floor of at least 4% of annual turnover in the affected member state, with a minimum fine of at least €2 million where turnover data is unavailable. Consequences also include mandatory withdrawal of misleading claims, corrective public statements, and temporary prohibition from making environmental claims. In some member states, penalties are significantly higher; in Italy, fines can reach €10 million, and in France they can reach 10% of average annual turnover.

Our FSC® CoC and BRCGS AA+ certifications are examples of the independently audited, third-party verified credentials that distinguish a compliant claim from greenwashing. The carbon footprint data we calculate through OpenCo2.net provides an audit trail for our emissions-related statements. These are not marketing labels; they reflect active, annually renewed audit obligations.

When do the EU green claims rules come into force for packaging businesses?

Three major EU regulations affecting packaging marketing come into force in 2026, each on a different date. The EU Packaging and Packaging Waste Regulation (PPWR) applies from 12 August 2026. The EmpCo Directive applies from 27 September 2026, with no transition period for existing products or stock already in the distribution chain. The EU Deforestation Regulation extends to paper, board, and wood packaging from 30 December 2026.

The PPWR timeline extends beyond 2026 in phases. The first hard deadline, 12 August 2026, covers the Declaration of Conformity requirement, PFAS restrictions in food-contact packaging, EPR registration, and hazardous substance compliance. Harmonised labelling requirements follow in 2028. By 1 January 2030, all packaging placed on the EU market must be recyclable at scale, minimum recycled content thresholds apply to plastic packaging, and single-use packaging restrictions begin.

For EmpCo specifically, the European Commission’s official guidance confirms there is no grace period for existing products. Every piece of packaging, every advertisement, and every product description must comply from 27 September 2026, including products already in the supply chain. The Commission opened infringement proceedings against 20 member states in May 2026 for failing to transpose EmpCo into national law by the March 2026 deadline, but the rules apply regardless of national transposition status.

For fibre-based food packaging producers, the PPWR’s recyclability grading system is particularly relevant to long-term planning. Packaging is graded on a scale where Grade A means at least 95% recyclable, Grade B at least 80%, and Grade C at least 70%. Packaging falling below 70% is effectively phased out of the EU market by 2030. Requirements tighten further in 2035 and 2038. The Jospak® cardboard tray is designed with this trajectory in mind: the cardboard and film separation enables the fibre to re-enter existing collection systems, supporting recyclability at scale.

How should packaging brands update their marketing to stay compliant?

Packaging brands should start by building a complete inventory of every environmental claim across all consumer touchpoints, packaging panels, websites, social media, catalogues, and product names, and then map each claim to its supporting evidence. Any claim without documented substantiation must be made specific, modified, or removed before 27 September 2026. There is no transition period for existing stock.

The recommended compliance process follows a clear sequence:

1. Audit all claims across every touchpoint. Include packaging copy, digital assets, sales materials, and any sustainability labels or logos in use.
2. Map each claim to its evidence. Identify whether the evidence is third-party verified, internally calculated, or absent. Claims without substantiation must be addressed.
3. Remove or replace offset-based climate neutrality claims. Replace them with transparent statements about actual, documented emissions reductions within your own operations or supply chain.
4. Review sustainability labels and logos. Verify that any label displayed is based on an independently certified scheme or established by a public authority. Self-created badges must be removed.
5. Ensure scope accuracy. Confirm that claims about one material or component are not presented in a way that implies the benefit applies to the entire packaging system.
6. Connect technical documentation to marketing claims. Under PPWR Article 14, technical documentation is not just a regulatory record; it forms part of the evidence base for what companies tell customers. Packaging design data, material specifications, environmental assessments, and supply-chain documentation should be linked and accessible.

For companies whose customers are subject to CSRD reporting obligations, the connection between packaging documentation and sustainability disclosure is direct. ESRS E5 under CSRD requires food and beverage companies to disclose circular material use rates, recycled input shares, and waste management data, including packaging. Packaging suppliers who can provide verified material data, certified fibre sourcing records, and carbon footprint calculations give their customers a meaningful advantage in meeting these disclosure requirements.

The practical implication for packaging brands is straightforward: packaging’s green claims have entered an age of proof. The brands best positioned to communicate their sustainability credentials are those that have built their claims on certification, traceability, and independently verified data from the start rather than retrofitting evidence to existing marketing language. At Jospak, our FSC® CoC certification, BRCGS AA+ status, and carbon footprint methodology through OpenCo2.net reflect exactly this approach: substantiated claims that can withstand regulatory scrutiny and support our customers’ own compliance obligations.