Using DPP Data to Substantiate Green Claims Under EmpCo

EmpCo turns vague claims into an evidence problem

The EU Empowering Consumers Directive (EmpCo) becomes enforceable on 27 September 2026. From that date, national consumer‑protection agencies, acting through the existing Unfair Commercial Practices Directive (UCPD) and Consumer Rights Directive (CRD) frameworks, will assess every environmental claim on fashion products. The most serious infringements carry a minimum penalty of 4 % of the offending company’s annual turnover in the relevant EU member state. In practice, EmpCo shifts the legal focus from the wording of a claim to the concrete evidence that backs it.

What gets banned without substantiation from September 27, 2026

EmpCo explicitly bans the use of vague, unverified descriptors unless they are supported by verifiable data. The following terms are prohibited when used without substantiation:

• “eco‑friendly”
• “sustainable”
• “green”
• “carbon neutral”

Any marketing material that relies on these expressions without a compliant Digital Product Passport (DPP) will be deemed non‑compliant and subject to enforcement action.

Why a DPP record is stronger than a marketing PDF

A Digital Product Passport is a machine‑readable record that can be accessed through a QR code, RFID tag, or data matrix. Unlike a static PDF, a DPP is dynamic, centrally managed, and can be updated throughout the product’s lifecycle. Because the data are stored in a structured format, regulators, auditors, and consumers can verify the information instantly and trace any changes back to the source. This level of transparency makes the DPP the most defensible form of substantiation under EmpCo.

Which DPP fields actually back a claim

Not every piece of information in a DPP is legally relevant for EmpCo compliance. The directive recognises two core data categories as essential evidence:

• Material composition – a detailed breakdown of fibres, trims, and any recycled content, expressed in percentage terms.
• Environmental footprint – quantifiable metrics such as greenhouse‑gas emissions, energy consumption, or water usage that are derived from verified life‑cycle assessments.

When these fields are populated with third‑party‑verified numbers, a claim such as “carbon neutral” can be directly linked to the documented footprint, satisfying EmpCo’s evidence requirement.

What still waits on the Green Claims Directive

The Green Claims Directive (GCD) operates separately from EmpCo. While EmpCo focuses on the presence of evidence, the GCD will introduce pre‑verification requirements for environmental statements. The GCD is expected to take effect from 2027 onward, adding a further layer of scrutiny that will require companies to obtain independent certification before a claim can be published. Brands should therefore treat EmpCo compliance as the immediate priority while preparing for the additional obligations of the GCD.

How KadmilOS fits in

KadmilOS is purpose‑built for fashion and product‑brand suppliers that need to meet EmpCo’s evidence standards at scale. The platform automates the creation of a compliant DPP, pulling verified material‑composition data from ERP systems and linking environmental‑footprint results from accredited LCA tools. Real‑time validation checks ensure that every field required by EmpCo is populated before the QR code is generated. For legal teams, KadmilOS provides audit trails that document who entered each data point and when, simplifying any regulator‑led investigation. CFOs benefit from the risk‑mitigation module, which forecasts potential penalty exposure based on turnover and product volume, allowing proactive budgeting for compliance costs. By centralising DPP management, KadmilOS turns a complex regulatory mandate into an operational advantage.

Stay ahead of EmpCo enforcement and protect your brand’s reputation with a compliant Digital Product Passport solution.

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