The EU Green Transition Directive Tightens Rules on Green Claims – What Your Business Needs to Know
The Norwegian Government is currently preparing for the implementation of Directive (EU) 2024/825 on empowering consumers for the green transition (the “EmpCo Directive”) into Norwegian law. On 20 March 2026, the Ministry of Children and Families presented Prop. 38 LS (2025–2026), proposing amendments to the Marketing Control Act and related legislation to implement the EmpCo Directive. The Directive has not yet been formally incorporated into the EEA Agreement, but Norway has given its consent to participate in the forthcoming EEA Committee Decision on incorporation. The rules are expected to be adopted with an implementation deadline of 27 September 2026. While several EU Member States are still in the process of completing their national implementation, Norway is already well advanced in its preparations for implementation.
The rules will apply to businesses of all sizes operating in the EU and EEA. They will be relevant for a wide range of actors selling or marketing products and services, such as producers, retailers, online stores, and service providers that rely on environmental or sustainability-related claims, certifications, labels, or product information in their communications.
The key practical message is that environmental and sustainability-related marketing must be specific, substantiated and transparent. The rules are intended to curb greenwashing, but will at the same time require careful consideration from businesses seeking to communicate legitimate sustainability efforts. Sustainability labels will only be permitted where they are based on independent third-party certification or established by public authorities, and general environmental claims must be backed by recognised excellent environmental performance. The rules are particularly relevant for companies using broad claims such as “green”, “climate neutral”, “sustainable” or “eco-friendly”, as well as claims about future environmental performance or climate claims based on carbon offsetting. In practice, this may make it difficult to draw the line between lawful communication about sustainability work and claims that are too broad, too selective or insufficiently substantiated.
The Directive also introduces practical requirements extending beyond advertising and green claims. Traders will need to consider new information obligations relating to product durability, repairability, statutory consumer rights, commercial guarantees and software updates. The blacklist of commercial practices that are always considered unfair in consumer relationships will also be expanded, including practices relating to misleading software updates, false repairability claims and presenting legal requirements as special advantages.
Against this background, businesses marketing products or services to Norwegian consumers should review their green claims, sustainability labels, product information and warranty information. For many businesses, the key challenge will be translating genuine sustainability efforts into communications that are both accurate and legally robust. An early review will help identify which claims can be retained, which should be revised, and where additional documentation or third-party verification may be required.
The clarified regulatory framework is also expected to strengthen the Norwegian Consumer Authority’s basis for supervision and enforcement, increasing the importance of having adequate documentation and carefully considered wording in place in advance. Non-compliance may result in enforcement action, including fines.
The IP/Tech team at CMS Kluge advises on marketing law, consumer protection and regulatory compliance. For questions regarding the proposed Norwegian implementation of the EmpCo Directive and its implications, please contact Linn Cathrine Jøsendal or Nora Aareskjold.
For businesses operating across multiple European markets, the CMS EmpCo Implementation Tracker provides an overview of implementation status in 17 EU jurisdictions.
