As described in my April 24 column, if you do business in the European Union, you need to pay attention to the EU Empowering Consumers Directive (EmpCo). As concerns about greenwashing grow, EmpCo is introducing stricter rules for how companies communicate sustainability claims and use environmental labels—in effect beginning September 27.
As reported this week on Green Lodging News, the European Travel Commission (ETC), the Global Destination Sustainability Movement (GDS-Movement) and NECSTouR launched Proof, Not Promises: A Practical Guide to the EU Empowering Consumers Directive for Destinations, a new report designed to help destinations, tourism businesses, and event organizers respond to EMPCo.
Please read the report, as its guidance is applicable to businesses anywhere in the world. (If in the U.S., see also the Federal Trade Commission’s website to access the Green Guides on environmental claims. (Released in 2012, the Guides could use an update.)
Some Highlights from Proof Not Promises:
“Consumer-facing sustainability claims used in marketing, branding, bidding, and other communications will be subject to significantly increased legal scrutiny. Claims must be clear, specific, substantiated, and non-misleading, supported by verifiable evidence. This applies not only to written statements, but also to labels, visuals and any communication that may imply environmental benefit.”
“Organizations that invest in evidence and verification can move beyond generic claims and communicate with clarity and confidence. At the same time, those that choose not to communicate risk falling into greenhushing. This is rarely a strategy. It is often a signal that systems, evidence, or internal alignment are not yet in place.”
“The Directive does not mandate certification, but it significantly raises the standard for credibility, which make the pursuit of certification a wise choice, as, in practice, organizations will increasingly need independently verifiable evidence to support their claims.”
‘Sustainable’ & ‘Eco-Friendly’
“Generic claims such as ‘sustainable’ or ‘eco-friendly’ are high-risk unless clearly substantiated. Climate claims such as ‘net zero’ or ‘carbon neutral’ require clear scope, evidence, and viable plans. Evidence must exist before claims are made and be available if challenged.”
“EmpCo responds to a clear market failure. European Commission analysis of environmental claims found that: 53 percent of claims were vague, misleading or unfounded and 40 percent were unsubstantiated This distorts the market. It allows weak claims to compete with genuine sustainability performance, making it harder for consumers to make informed choices and harder for high-performing organizations to differentiate themselves. Half of environmental labels had weak or no verification.”
“Claims must be understandable, not open to exaggerated interpretation, and must not create a misleading overall impression for a reasonable consumer.”
“Organizations cannot imply that an entire destination or event is sustainable if only part of it is.”
“Environmental labels must be transparent, independently verified where relevant, and clear in what they cover.”
“Images, colors, symbols, and branding that suggest environmental benefits may be assessed as claims.”
“Authorities can impose fines, require corrective action, and mandate withdrawal of misleading claims.”
Guidance on ‘Net Zero’
“Claims based primarily on offsetting are particularly exposed to challenge, especially where they imply absolute neutrality or full elimination of impact. Future commitments (e.g. ‘net zero by 2030’ or ‘net zero by 2050’) are not prohibited. However, like all environmental claims, they must be credible and evidence based, and clearly framed as targets, not current performance. They must be supported by detailed action plans, defined pathways, and measurable milestones
One example of a high-risk claim: “Our hotel is the most sustainable in the region.” One example of a credible claim: “Our hotel uses 100 percent renewable electricity and has reduced water use by 30 percent since 2021.”
“With new national laws implementing the Directive, claims will be increasingly scrutinized and challenged not only when false, but when they are vague, comparative, or insufficiently evidenced.”
‘Raises the Standard for Credibility’
“The Directive does not approve or endorse specific certifications. However, it significantly raises the standard for credibility. In practice, only certification schemes that are robust, transparent, and independently verified are likely to support compliant sustainability claims. For this to be the case, the certification scheme requirements should be developed in consultation with relevant experts and stakeholders.”
“Under EmpCo, certification must function as evidence, not endorsement. Its role is to substantiate claims with clarity, consistency, and independent verification.”
The Guide concludes, “At its core, this is a shift from promises to proof. Sustainability is moving from broad, aspirational language to precise, substantiated, and verifiable communication. Claims will increasingly be judged not by intent, but by evidence and how they are understood by consumers. This shift is designed to address greenwashing, but it also introduces a parallel risk of greenhushing, when organizations that lack confidence in their evidence may choose not to communicate at all. The challenge is not to say less, but to communicate with clarity, discipline, and confidence. For those that get this right, the opportunity is significant. Clear, evidence-based communication builds trust faster, strengthens brand credibility, and creates meaningful differentiation in a crowded market.”
Has your company had to adjust to EmpCo? I would love to learn about your experience. I can be reached at greenlodgingnews@gmail.com.
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