1. Has the EmpCo Directive been implemented into national law?
    1. Has a draft implementing act already been published?
    2. What is the expected timeline for transposition of the Directive?
    3. Are any provisions envisaged exceeding the minimum harmonisation requirements, or specific deviations? Please specify.
  2. Have official guidelines, FAQs or interpretative guidance been issued by competent authorities or consumer protection bodies regarding the application of the EmpCo Directive?
  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”?
  4. Which sanctions and enforcement mechanisms are available or envisaged (e.g. administrative fines, prohibition orders, injunctions, market bans, civil enforcement actions)?
  5. Which authorities or institutions are competent for enforcement and supervision?
  6. Is there already specific case law on environmental claims and/or sustainability labels? 

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

No.

1.1 Has a draft implementing act already been published?

Yes. A draft on how to implement the directive has been proposed by the Government-appointed inquiry, as set out in SOU 2025:124, p. 34 – 51. 

1.2 What is the expected timeline for transposition of the Directive?

Sweden proposes the implementing legislation to enter into force on 1 January 2027.

1.3 Are any provisions envisaged exceeding the minimum harmonisation requirements, or specific deviations? Please specify.

The EmpCO implementation follows the Directive’s harmonisation rules, with no proposals to exceed the minimum requirements. Notably, while the current Swedish Marketing Act applies points 1–31 of Annex I (the “black list”) even in B2B contexts, the Inquiry proposes that the black list in its entirety should apply only to marketing aimed at consumers, which aligns the national regime with the Directive’s consumer‑focused scope and thereby removes the present over‑implementation. If this proposal is adopted, there will be no provisions exceeding the minimum requirements, whereas if it is not adopted, the existing rule would continue to extend Annex I to B2B marketing.

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

No official guidelines, FAQs, or interpretative guidance have been issued by Swedish competent authorities at this stage.

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, in Sweden there is the Nordic Swan Ecolabel (Svanen)(https://www.svanen.se/).

The Nordic Swan Ecolabel is one of the world's toughest ecolabels and also the official ecolabel of the Nordic region. The government‑appointed inquiry identifies it capable of substantiating a generic environmental claim. SOU 2025:124, p. 106. 

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

Available and envisaged enforcement tools include:

  1. Prohibition orders.
  2. Injunctions, conditional penalties and interim decisions.
  3. Market disruption fee for intentional/negligent breaches, set between SEK 10,000 and up to 4% of the trader's prior-year turnover (or up to EUR 2 million where turnover data are unavailable).
  4. Compensation for damages.
  5. Erasure/alteration of misleading statements and, where necessary, destruction.

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

The Swedish Consumer Agency (Konsumentverket) is the lead supervisory authority for consumer‑protection rules affected by the Directive, including marketing rules under the Marketing Act. The Agency can seek court orders and other remedies through the Consumer Ombudsman (KO). The Consumer Ombudsman monitors the market and defends consumers’ interests against businesses in court. In cases that are not of greater significance, the Consumer Ombudsman may issue a prohibition order (injunction) subject to  a conditional fine. 

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

Swedish case law has established specific standards for environmental claims and sustainability labels. For instance, it is generally not sufficient to refer briefly to a certification that includes an environmental claim. Traders should explain the meaning of the certification alongside the claim and indicate where full information can be found, including whether certification is by a third party. Limited exceptions exist where products carry public ecolabels such as the EU Ecolabel or the Nordic Swan, or other robust third party verified schemes. (PMT 1782-21.)

Furthermore, claims that a product is “environmentally friendly” must specify the environmental effects asserted, and any comparisons must present a fair overall picture. Additionally, broad, general environmental benefit claims are easily understood as covering the product’s entire life cycle; evidence must therefore substantiate the claim from a holistic, life cycle perspective. (MD 2010:9)

Lastly, environmental claims in car marketing (e.g., 'A car that cleans the air from harmful ozone') were not substantiated to the required standard and were found inadequate. (MD 2004:4 and MD 2004:12)