Preparing for Norway’s new environmental marketing rules: updated guidance and revised timeline
As outlined in our previous newsletter, Norway has been preparing to implement Directive (EU) 2024/825 on empowering consumers for the green transition (the “EmpCo Directive”) into national law. Since our last update, the implementing legislation has been adopted and sanctioned, although its entry into force has been postponed. The Norwegian Consumer Authority has also published updated guidance on environmental claims, providing further insight into how the new requirements are expected to apply in practice.
The new rules and revised timeline
The EmpCo Directive introduces stricter requirements for environmental and sustainability-related marketing, with a particular focus on ensuring that environmental claims are specific, substantiated and transparent. Broad claims such as “green”, “eco-friendly” and “sustainable” will generally only be permitted where supported by recognised excellent environmental performance, while more specific claims must be clear and appropriately substantiated. The new framework also tightens the rules on sustainability labels and addresses claims about future environmental performance and carbon offsetting, alongside broader requirements concerning products and consumer rights. For a more detailed overview of the new rules, please see our previous newsletter.
The implementing legislation was adopted by Parliament on 11 June 2026 and sanctioned on 19 June 2026. When adopted, the intention was for the new rules to take effect on 27 September 2026, in line with the EmpCo Directive. This has since been postponed because the EEA Committee has not yet adopted the decision incorporating the Directive into the EEA Agreement. The Government has indicated that the Norwegian rules will therefore take effect no earlier than the first half of 2027, with a specific date yet to be set.
Updated guidance from the Consumer Authority
On 17 September 2026, the Norwegian Consumer Authority published updated guidance on the use of environmental claims in marketing, reflecting the legislative amendments due to take effect. The guidance provides practical insight into how the new requirements are expected to apply and includes examples of marketing that the Consumer Authority considers lawful or unlawful.
The guidance addresses a range of practical questions, including what constitutes an environmental claim, how general and specific claims should be assessed, the use of sustainability labels, claims relating to carbon offsetting and future environmental performance, and environmental claims concerning a business or brand rather than a specific product.
A key point is that the assessment does not depend solely on the wording of an individual claim. The overall impression conveyed to consumers is also relevant, including the effect of accompanying text, images, symbols and other elements of the marketing. The guidance also emphasises the importance of adequate substantiation.
The Norwegian Consumer Authority’s updated guidance on the use of environmental claims in marketing is available here (in Norwegian).
With the revised timeline and updated guidance now in place, businesses have an opportunity to review their environmental marketing ahead of implementation. This should include assessing whether the available substantiation supports the overall impression conveyed to consumers, taking into account the wording of the marketing as well as accompanying text, images, symbols and other elements. The additional time may also be used to review relevant documentation, sustainability labels and internal processes for developing and approving environmental marketing
The IP/Tech team at CMS Kluge advises on marketing law, consumer protection and regulatory compliance. For questions about the Norwegian implementation of the EmpCo Directive and its implications for your business, please contact Linn Cathrine Jøsendal or Nora Aareskjold.
