jurisdiction

1. Has the EmpCo Directive been implemented into national law?

Yes – legislation implementing the EmpCo Directive has been adopted by Parliament and sanctioned, but has not yet entered into force.

1.1 Which national legislative act(s) implement the EmpCo Directive? 

The Directive has been implemented through amendments to the Marketing Control Act (markedsføringsloven), the Right of Withdrawal Act (angrerettloven), the Contracts Act (avtaleloven) and the Regulation on unfair commercial practices (forskrift om urimelig handelspraksis). The amendments were adopted by Parliament on 11 June 2026, based on the legislative proposal Prop. 38 LS (2025–2026).

The Government initially intended for the Norwegian rules to enter into force in line with the EU timetable, on 27 September 2026. However, the EEA Committee has not yet adopted its decision, and the Directive has therefore not been formally incorporated into the EEA Agreement. The Government has consequently stated that the Norwegian rules will enter into force no earlier than the first half of 2027. The exact date is yet to be determined.

Link to the legislative proposal: https://www.regjeringen.no/no/dokumenter/prop.-38-ls-20252026/id3152649/

Link to the parliamentary resolution: https://www.stortinget.no/no/Saker-og-publikasjoner/Vedtak/Beslutninger/Lovvedtak/2025-2026/vedtak-202526-085/

1.2 Does the national implementation provide for a literal (1:1) transposition, measures exceeding the minimum harmonisation requirements, or specific deviations? Please specify.

'The legislation follows a directive-close transposition approach, using amendments to the existing national legislation implementing the Unfair Commercial Practices Directive and the Consumer Rights Directive. The EmpCo Directive is fully harmonised, and the Norwegian implementing legislation does not introduce measures exceeding the harmonisation requirements of the Directive or specific deviations from its requirements.

2. Have official guidelines, FAQs or interpretative guidance been issued by competent authorities or consumer protection bodies regarding the application of the EmpCo Directive?

Yes. On 17 September 2026, the Norwegian Consumer Authority (NCA) published a new and updated guidance on the use of sustainability claims in marketing, adapted to the new legislation implementing the EmpCo Directive. The guidance sets out how the NCA will supervise and enforce the rules, making it easier for businesses to understand the requirements and ensure compliance. It covers key topics such as requirements for general and specific environmental claims, claims based on carbon offsetting, use of sustainability labels, and corporate environmental profiling. The guidance includes concrete examples of lawful and unlawful marketing practices, clarifications and simplified language, and will be regularly updated.

Link: https://www.forbrukertilsynet.no/lov-og-rett/veiledninger-og-retningslinjer/forbrukertilsynets-veiledning-om-bruk-av-baerekraftpastander-markedsforing

3. Are there any national or regional EN ISO 14024 type I ecolabelling schemes that substantiate a generic environmental claim as they demonstrate “recognised excellent environmental performance”?

Yes. The most prominent scheme is the Nordic Swan Ecolabel (Svanemerket), an ISO 14024 type I ecolabel established by the Nordic Council of Ministers in 1989 and managed in Norway by the Foundation for Environmental Labelling Norway. It is based on independent third-party certification and covers a wide range of product categories. The EU Ecolabel is also managed in Norway by the same foundation and is likewise an ISO 14024 type I ecolabel. Both are established by public authorities and are therefore permitted under the Directive without being subject to the additional requirements applicable to private certification schemes.

4. Which sanctions and enforcement mechanisms are available or envisaged (e.g. administrative fines, prohibition orders, injunctions, market bans, civil enforcement actions)?

The existing enforcement frameworks under the Marketing Control Act, the Right of Withdrawal Act and the Contracts Act will apply. The adopted legislation does not introduce new sanction mechanisms, but confirms that the clarified and expanded rules — in particular the expanded blacklist — will make enforcement easier and more efficient. All sanctions are administrative in nature.

The available enforcement tools are as follows: 

The Norwegian Consumer Authority and the Market Council may issue prohibition and compliance orders against businesses that breach the rules (cf. § 40 of the Marketing Control Act). To ensure compliance with such orders, coercive fines may be imposed (cf. § 41 of the Marketing Control Act). In addition, the Norwegian Consumer Authority may impose administrative fines for breaches of the Marketing Control Act §§ 6–9, which cover unfair, misleading and aggressive commercial practices, as well as the blacklist regulation (cf. § 42 of the Marketing Control Act). Administrative fines may also be imposed for certain breaches of the Right of Withdrawal Act (§ 29) and the Contracts Act (§ 38 c, second paragraph). The threshold for imposing administrative fines is that the breach must be significant or repeated, and must have been committed intentionally or negligently.

Decisions by the Consumer Authority may be appealed to the Market Council. Decisions may also be challenged before the courts.

5. Which authorities or institutions are competent for enforcement and supervision?

The primary supervisory and enforcement authority is the Norwegian Consumer Authority (Forbrukertilsynet), which is responsible for monitoring compliance, issuing prohibition and compliance orders, and imposing administrative fines and coercive fines. The Market Council (Markedsrådet) serves as an appellate and decision-making body with authority to review decisions by the Consumer Authority, issue orders, and impose administrative fines and coercive fines.

Enforcement of the new provisions in the Contracts Act § 38 b and the Right of Withdrawal Act is also carried out by the Norwegian Consumer Authority and the Market Council under the same framework.

6. Is there already specific case law on environmental claims and/or sustainability labels? 

Environmental claims in marketing have not been the subject of significant court litigation in Norway. However, the Norwegian Consumer Authority and the Market Council have addressed the topic in a number of cases under the Marketing Control Act, and this administrative enforcement practice constitutes the main body of case law on environmental claims in Norway.

Key principles established through the administrative enforcement practice include that general terms such as "environmentally friendly" require documentation covering the product's entire life cycle (from production to disposal), that the burden of proof lies with the marketer, and that claims must relate to substantial aspects of the product.

Several consultation responses to Prop. 38 LS (2025–2026) noted that the new EmpCo rules largely codify the existing practice. At the same time, the Norwegian Consumer Authority noted that the new rules will likely make it easier to enforce against misleading and insufficiently documented environmental and climate claims in marketing.