Directive 2024/825 (EmpCo): what changes on 27 September 2026 for shops selling in France

What the directive prohibits

Directive 2024/825 amends the Unfair Commercial Practices Directive. It adds practices that will be prohibited in all circumstances, without the authority having to prove that the consumer was misled.

The directive also treats as misleading a claim about future performance (“carbon neutral by 2030”) that is not backed by clear, public commitments, a detailed and realistic implementation plan, and verification by an independent expert.

Finally, it covers product durability: withholding a feature that limits the product's lifespan, claiming a durability that has not been demonstrated, or pushing customers to replace consumables earlier than necessary. It also provides for harmonised information on the legal guarantee, whose European template has been set by an implementing regulation; its display in France also depends on transposition.

What is already prohibited in France

Without waiting for transposition, three rules already apply to online shops (the references are to the French Environmental Code, Code de l'environnement, abbreviated “C. env.”, and to the French Consumer Code, Code de la consommation, abbreviated “C. conso”):

• “Biodégradable” and “respectueux de l'environnement” may not appear on a new product or packaging intended for consumers. C. env. L. 541-9-1 · R. 541-230
• Carbon neutrality may only be claimed in advertising with a published emissions assessment of the product, a reduction pathway and a summary report. C. env. L. 229-68
• Any claim that misleads about the environmental qualities of a product is a misleading commercial practice. C. conso L. 121-2

Without a French law, what happens on 27/09?

In principle, a directive that has not been transposed does not directly create obligations between a business and its customers. Three factors nevertheless limit the point of waiting:

1. French law on misleading practices already makes it possible to penalise most vague wording, and the DGCCRF (the French consumer protection authority) checks environmental claims: more than 3,000 establishments in 2023-2024, with more than 430 injunctions.
2. Once the transposition deadline has passed, courts must interpret national law, as far as possible, in the light of the directive.
3. If you sell in other EU countries, the rules of those countries apply as soon as they have transposed it.

The French law is expected in the coming months; the timetable mentioned by the ARPP (the French advertising self-regulatory body) points to early 2027. For a specific situation, have your analysis validated by a lawyer.

Penalties

A misleading commercial practice is a criminal offence (délit): two years' imprisonment and a €300,000 fine, increased to five years and €750,000 when the offence is committed through an online public communication service, which is the case for an online shop. For a company, the maximum fine is multiplied by five under the French Criminal Code (Code pénal). The amount can also be raised, in proportion to the benefits derived, to 10% of average annual turnover, or to 80% of the expenses incurred for the advertising when the practice relies on environmental claims. C. conso L. 132-2 · C. pén. 131-38

What to do before 27/09: the checklist

1. List the environmental wording on your home page, your product pages, your packaging and your social media.
2. Replace each vague wording with a verifiable fact, on the same medium: “80% recycled cardboard” rather than “eco-friendly packaging”.
3. Remove any claim of neutrality, or of reduced or positive impact, based on offsetting.
4. Keep only labels certified by a third-party body or created by a public authority.
5. For a future target, publish the plan and have it verified by an independent expert, or remove the claim.
6. Keep evidence for each claim (technical data sheets, certificates, calculations): it is up to you to produce it in the event of an inspection.

For a specific text (description, packaging, social media post): paste it into the green claims checker. The analysis runs in your browser.