Greenwashing involves making false or misleading claims about the environmental benefits of a product, process, or investment strategy, whereby companies deliberately present themselves as environmentally responsible. The public is thus given the false impression that the entity concerned is doing more to protect the environment than is in fact the case.
The relevant regulation does not directly apply to typical B2B communications or mandatory reporting under the CSRD, unless their content is used in voluntary advertising or marketing directed at consumers.
For this reason, Directive (EU) 2024/825 (“EmpCo”) adds to EU consumer law new rules addressing unfair commercial practices by which traders mislead consumers in their choice of more environmentally sustainable products. In Slovakia, the amendment to the Consumer Protection Act (Act No 108/2024 Coll., as amended by Act No 310/2025 Coll.), which transposes the EmpCo Directive, took effect on September 27, 2026.
1. New rules for traders
1.1 Legal definitions
To delimit traders’ new information obligations and to extend the list of unfair commercial practices, the Slovak legislator has defined a number of new key concepts.
Environmental claim
This means any message or representation, in any form, by which a trader states or implies that the trader itself or its product has a positive or zero impact on the environment, is less damaging to the environment than other products, brands or traders, or has improved its impact over time. The definition is deliberately broad and covers text, pictorial, graphic and symbolic representations, as well as labels.
The new rules do not, however, treat all such claims in the same way, and instead distinguish between generic and specific claims. A claim is generic where it does not appear on a sustainability label and where its specification is not provided in clear and prominent terms on the same medium. As a result, the consumer is left unable to identify the product’s environmental benefit or friendliness.
A claim becomes specific where the specification of the environmental claim is provided clearly and prominently on the same medium—for example, in the same advertising spot, on the product packaging, or in the online sales interface.
Sustainability label
This means any voluntary trust mark, quality mark, or equivalent, either public or private, that aims to distinguish and promote a product, process or business by reference to its environmental or social characteristics, or both.
Where such a label promotes, in a commercial communication, a positive or zero impact on the environment, or less damage to the environment than competing products, it simultaneously satisfies the elements of an environmental claim. It may be displayed only where it has been established by public authorities or is based on a certification scheme.
Certification scheme
This is a third-party verification scheme certifying that a product, process or business complies with the requirements for the use of a sustainability label. The minimum requirements include the transparency and credibility of the scheme, the establishment of procedures for addressing non-compliance, and monitoring of compliance with the scheme’s requirements by a third party.
That third party must be independent of the trader and of the scheme owner, free from conflicts of interest, and competent to assess compliance with the scheme’s requirements, with its competence and independence based on international, EU, or national standards and procedures.
Recognized excellent environmental performance
This means environmental performance demonstrated by meeting the criteria of specific European Union legislation or of recognized technical standards. The concept follows on directly from environmental claims, since a generic environmental claim for which the trader does not demonstrate such performance relevant to the claim is prohibited under all circumstances.
1.2 extension of the list of prohibited practices
The new Slovak legislation extends the list of unfair commercial practices to include a group of practices directly related to greenwashing. Below is a selection of unfair practices that are now considered unfair without a need for further consideration of the circumstances of the case and are unconditionally prohibited.
Generic environmental claim without further specification
When visiting a shop today, it is common to encounter terms such as “eco,” “bio,” or “environmentally friendly” on product packaging. Consumers tend to perceive such products as healthier and environmentally sustainable, whereas the opposite is often true. A trader who wishes to continue using these terms on its products will have to properly substantiate their truthfulness within the same medium of communication.
Implicit claims are no exception; while they are not prohibited as such (they do not constitute a generic environmental claim), they may become one when combined with written or oral claims and may therefore be subject to the prohibition. Additionally, trade names and brand names that may give consumers the impression of a positive environmental impact will also require further specification. The European Commission also notes an exception for certain foods labelled as bio/eco, for which Regulation (EU) 2018/848 on organic production and labelling of organic products takes precedence.
A claim about the whole which in fact concerns only a part
Where an environmental characteristic of a product relates exclusively to the packaging or to a single element of the production process, the claim must not give the consumer the impression that it relates to the entire product, its supply and manufacture, or to the trader’s entire business. For instance, it constitutes a prohibited practice where a trader labels a product as recycled although only its packaging is made of recycled material.
Climate-related claims based on emissions offsetting
It is prohibited to claim, based on the offsetting of greenhouse gas emissions, that a product has a neutral, reduced or positive climate impact. Claims about a product’s climate impact are permissible only where they are based on the product’s actual life-cycle impact.
Product claims must be distinguished from claims concerning the trader’s future environmental performance. The latter are permissible only where they are supported by clear, objective, publicly available, and verifiable commitments, set out in a detailed and realistic implementation plan that includes measurable and time-bound targets and is regularly verified by an independent third-party expert.
Displaying a sustainability label
It will now be prohibited to display a sustainability label that is not based on a certification scheme or that has not been established by public authorities. A typical example is a trader’s own logo featuring a green leaf or the word “eco” on product packaging, without any external verification behind it. This also applies to manufacturer marks from third countries. Such marks are prohibited unless they are based on a certification system that meets the requirements of the transposed EmpCo Directive.
Presenting a legal requirement as a competitive advantage
A feature required by law for all products within the relevant product category on the market, including imported products, cannot be promoted as a distinctive feature of the trader’s offer. A typical case is advertising a product as not containing a certain substance where the use of that substance is already prohibited by law in any event.
Other practices that are newly prohibited under the amendment include, for example, false claims about the lifespan of goods, presenting goods that cannot be repaired as repairable, or presenting an update as a security update when it is actually intended to improve functionality.
1.3 A new catalogue of information obligations
The September changes also extend traders’ pre-contractual information obligations. In a consumer’s purchasing decision, a product’s durability, reparability and potential for continued use are to play a role just as important as price.
Traders will also have to provide information, in particular, on the legal guarantee of conformity for goods, on the reparability score or availability of spare parts, on the minimum period during which free software updates are provided, and, in the case of distance contracts, on environmentally friendly delivery options. Additionally, where a trader provides a product-comparison service, it must also provide information about the comparison method, the products compared and their suppliers.
1.4 Enforcement and sanctions
Compliance with the new rules is monitored by the competent supervisory authorities, which are entitled to request evidence from traders substantiating the truthfulness of their claims.
The standard fine ranges from EUR200 to 2% of turnover for the preceding accounting period, up to a maximum of EUR200,000. In the event of a repeated infringement within 12 months, the fine may reach up to 3% of turnover, up to a maximum of EUR400,000. In the case of widespread violations at EU level, there is a risk of a fine of up to 4% of turnover with no upper limit. However, if the violation is corrected and terminated in a timely manner, the penalty may be reduced by up to half.
Financial penalties may not, however, be the most painful consequence. In addition to reputational harm, misleading environmental claims may also give rise to civil-law damages claims, including cross-border collective actions brought by consumer associations or even the deletion of online content and the removal of a web domain. A detected case of greenwashing may therefore result in a loss of trust on the part of customers, business partners or investors.
2. Practical steps for companies
The new rules call for systematic preparation. The following steps may be regarded as the most important from a trader's perspective.
Mapping and substantiating environmental claims
The first step is to map all environmental and social claims across packaging, websites, online stores, and advertising. Identified claims must be categorized as generic or specific, and generic slogans should be replaced by specific and verifiable wording. It is also necessary to address goods already in stock, on which non-compliant claims must likewise be covered or removed.
As a priority, traders are recommended to bring into compliance claims made online, together with advertising and promotional materials. Further recommended corrective measures include applying stickers, removing labels, displaying corrective information at the point of sale and online, adapting future orders, and other appropriate steps. All such steps should be documented and substantiated in the event of an inspection by the competent supervisory authorities.
According to the Common Understanding of the CPC Network of June 2026, supervisory authorities should, when assessing old stock situations, take into account the steps already taken by the trader, the trader's size, economic capacity and overall efforts towards compliance, and in justified cases give priority to a request for corrective action before imposing a sanction.
Direct and clear communication
Communication with consumers must be based on straightforward and objective information. Misleading or incomplete information unsupported by evidence cannot be regarded as compliant with the law.
Audit of sustainability labels
Before using any sustainability label, it is necessary to verify whether it has been established by public authorities or is based on a certification scheme. Own logos carrying an environmental message do not meet these rules and must be removed. A typical example is a green leaf with the word “eco” on product packaging without any external verification.
Reassessment of climate-related claims
Product claims of climate neutrality based on emissions offsetting must be discontinued and replaced by communication about actual emission reductions achieved. Forward-looking commitments, such as “climate neutral by 2050,” may be presented only where they are supported by an implementation plan containing measurable and time-bound targets, allocated resources and regular independent verification accessible to consumers.
Internal approval process and training
Every new environmental claim, including the presentation of visual elements and labels, should undergo internal approval before publication and be reviewed regularly. Marketing and sales teams should be trained to distinguish permitted claims from prohibited ones and to substantiate every claim with verifiable evidence.
