In-house green logo or label: can you still use it under EmpCo?

Directive (EU) 2024/825, known as EmpCo (Empowering Consumers for the Green Transition), prohibits displaying a sustainability label that is not based on a certification scheme or not established by public authorities. Member States had to apply this rule from 27 September 2026, and Germany, Italy and Ireland, among others, have already written it into their law. A green logo that a company designs and awards to itself, without any outside monitoring, is exactly what the rule targets.

In France, the bill transposing this ban was adopted by the Senate on 18 February 2026 and is still awaiting the National Assembly. The delay leaves time to sort through logos, but it does not protect those that mislead: the French Consumer Code already penalises them. The sections below first explain what makes a logo a label, then what it takes to keep one.

1Does my green logo count as a sustainability label?

The directive defines a sustainability label as any voluntary trust mark, quality mark or equivalent, public or private, that sets apart and promotes a product, a process or a business for its environmental or social characteristics. The word label does not need to appear on it: what counts is what the logo does, and 4 situations come up regularly in companies.

A logo reserved for certain products

A pictogram applied to the product references that meet internal criteria, a "committed packaging" stamp or a "responsible selection" badge on a product page set products apart for their environmental qualities. These are labels within the meaning of the directive, even when the company created them on its own and does not call them labels. Without a certification scheme behind them, they fall under point 2a of the blacklist, which applies to any company selling to consumers, whatever its size.

The company logo or a range name

The Commission's FAQ (in French) considers it unlikely that an individual brand is a label. A brand or range name containing "eco", "green" or "natural" may, however, become an environmental claim if it creates an environmental association. It must then be specified on the same medium, otherwise it is generic and follows the rules in the list of banned claims. A logo that makes a comparison ("30% less plastic") follows the rules on comparative claims.

A leaf or a globe next to a slogan

According to the Commission, a green leaf or a water drop combined with a logo, or placed near a sentence about sustainability, may be perceived as a label. On their own, without text, images and colours are not generic environmental claims, confirms the DGCCRF (the French consumer protection authority). They are still assessed case by case, like any presentation that can mislead without anyone meaning to.

Logos required by law

Mandatory labels fall outside the definition: the energy label, the French repairability index and the Triman logo (France's sorting instructions logo) are not covered. The directive also protects only consumers. A logo used only in trade catalogues falls outside its scope, but not outside French law, whose rules on misleading practices also apply between businesses. "Carbon neutral" logos come under another rule of the directive, set out in our article on carbon neutrality.

2What does it take to keep your own label under EmpCo?

A private label may still be displayed if it is based on a certification scheme within the meaning of the directive. The scheme's terms are publicly available and it meets 4 conditions, which concern the governance of the label rather than its substantive criteria.

Can you remain the owner of your label?

Yes, on 2 conditions, according to the Commission services in their FAQ, a preliminary view that does not bind the courts: nothing prevents the scheme owner and the trader displaying the sustainability label from being the same entity, provided the scheme is open to all traders willing and able to comply with its requirements. Monitoring must also be carried out by a third party that is legally separate from the owner.

The DGCCRF adds that label owners must allow third-party traders to use their label, and that the infringement is attributable to the company displaying it. The directive sets only procedural safeguards: it does not regulate substantive criteria. The third party does not have to be accredited by the Comité français d'accréditation (Cofrac, the French national accreditation body), but its competence and independence must be based on recognised standards.

A stricter reading from the DGCCRF

In its September 2025 guidance sheet, the DGCCRF wrote that internal labels, set up directly by companies for their own products, would no longer be accepted. In June 2026 it still listed self-labelling among the models too opaque to be kept. The Commission services' FAQ, published in September 2026, is more recent and accepts an owner who is also the user, without binding force. The French bill points the same way: it requires a third party that is independent of both the label owner and the professional user.

The 2 readings agree on the essentials. A label that only the company can obtain, and that it monitors itself, passes with neither of them. The DGCCRF has announced an update of its guidance sheet, which has not yet been published as of 27 October 2026.

3Is an in-house logo already banned in France?

Not yet as such. The French Consumer Code's list of practices deemed misleading currently covers only a label displayed without the necessary authorisation having been obtained. A logo invented by the company is not banned in principle, but it can already be penalised if it misleads.

A bill passed by the Senate, awaiting the National Assembly

Transposition goes through a bill adapting French law to EU law, known by its French acronym DDADUE. The Senate adopted it on 18 February 2026, then sent it to the National Assembly on 20 February. As of 27 October 2026, the legislative file stops at the referral to 4 committees for an opinion, on 23 April: no report, no vote.

Its Article 20 adds to the French Consumer Code a point 2° bis prohibiting a label that is based neither on a certification scheme nor on a scheme developed by public authorities. It sets its entry into force at 27 September 2026, a date that has already passed: unless the text is rewritten, the rule will apply as soon as the law is published.

What can already be penalised

Several French texts already in force cover a green logo that misleads:

• The French Consumer Code prohibits misleading practices concerning the environmental impact of a product or the scope of the advertiser's commitments, assessed case by case, towards consumers and businesses alike.
• The same code lists among the practices deemed misleading in all circumstances the display of a certificate or label without authorisation, for example an official logo reproduced without a licence.
• Since 2022, the French Environmental Code has prohibited "biodegradable", "environmentally friendly" (biodégradable, respectueux de l'environnement) or any equivalent wording on a product or its packaging, including when it appears in a logo, subject to an administrative fine.
• The recommendation of the ARPP, France's advertising self-regulatory body, requires the origin of a sign to be clear and the sign not to suggest a third-party certification without grounds; its Advertising Ethics Jury (Jury de déontologie publicitaire) can rule against it, without a fine.

The DGCCRF already enforces these texts. Its October 2025 report records more than 430 injunctions following inspections of more than 3,000 establishments in 2023 and 2024. It cites the term "upcycled" used with a green logo on clothing, which led to a criminal offence report. Our article on inspections and penalties sets out who checks what.

In France, a misleading commercial practice is a criminal offence: 2 years' imprisonment and a €300,000 fine, 5 times as much for a company, i.e. €1.5 million. The fine may rise to 10% of turnover, or to 80% of the campaign's expenditure when the deception concerns the product's environmental impact or the advertiser's environmental commitments.

Products sold elsewhere in the EU

A product sold in Germany, Italy or Ireland is subject to the rules of those countries. According to the measures notified to the Commission, consulted on 27 October 2026, Germany, Italy and Ireland published their law before the end of spring 2026, and several other Member States, including the Netherlands and Belgium, did so over the summer. France is one of the 20 Member States sent a letter of formal notice on 28 May 2026 for failing to communicate their transposition.

4Keep, certify or withdraw: how to choose?

The choice is made logo by logo, starting from what each one claims and what the company can prove. There are 4 options, from the quickest to the most demanding, and the same company often combines several of them.

Replace the logo with precise information

The directive gives an example: climate-friendly packaging is a generic claim, whereas stating that 100% of the energy used to produce this packaging comes from renewable sources is specific. The specification must appear on the same medium as the logo: for the DGCCRF, a link or a QR code is not enough. It rests on a measurement, sometimes a life cycle assessment whose cost depends on the product, and our guide to substantiating a claim explains which one to choose.

Adopt an existing label

The EU Ecolabel is a public label: it is exempt from the certification scheme conditions and also allows certain generic claims. It covered 121,083 products and 3,665 licences in September 2026. AFNOR Certification awards it in France.

The EU Ecolabel Regulation sets what it costs, excluding laboratory testing:

• An application fee between €200 and €2,000, capped at €600 for an SME and at €350 for a micro-enterprise.
• An annual fee of at most 0.15% of the annual sales of the labelled product, up to €25,000 per product group and per applicant.
• A 30% reduction for a company registered under EMAS and a 15% reduction for an ISO 14001-certified company, applied to the application fee and not cumulative.

Have your own label certified

Keeping an in-house label means turning it into a genuine scheme: specifications written with experts and stakeholders, published, open to competitors, monitored by a separate body and backed by sanctions. The effort is justified when the label is already recognised by customers, or shared across a sector. The tourism sector offers several examples.

Withdraw the logo

Withdrawal is the only option when the logo carries a general word that nothing specifies, when it rests only on the company's own word, or when it presents a legal obligation as a selling point. A logo is never worth more than the sentence you could write in its place, and a claims audit often starts with this sorting, for a budget that depends on the number of media.

5What about packaging that is already printed?

The directive provides for no transition period beyond 27 September 2026, the Commission points out. Its rules also cover products already manufactured or on the shelf, which it calls old stock situations.

Website, catalogues and advertising first

The EU consumer protection authorities adopted a common position in June 2026. They will deal first with what can be corrected quickly: websites, advertising and media other than packaging. For these media, the DGCCRF provides for no exception: in the countries applying the directive, an in-house logo comes off the website and the catalogues, and in France it will have to as soon as the law enters into force. It is better to do it now.

Stock: stickers and case-by-case review

For packaging already printed, the FAQ suggests covering or correcting claims with stickers or adding information at the point of sale. The authorities may refrain from requiring destruction or a recall, and the DGCCRF says it takes account of practical constraints such as the volume of stock or technical feasibility.

These tolerances apply to old stock, not to new print runs. The next reprint is therefore the real deadline: every print proof signed off after 27 September 2026 should already come out without an uncertified logo. The EmpCo timeline sets out these dates, and the review of cosmetics cartons shows how to schedule the audit ahead of a reprint.

At Projet Celsius, we think the useful question to ask of each logo is the sentence that could replace it. If that sentence exists, can be measured and can be proved, it is worth more than the logo, which at best becomes a graphic marker beside it. If it does not exist, the logo was promising what the company cannot demonstrate. Having an in-house label certified is only worth the effort if it already carries the reputation of a sector: for a single brand, an existing label or a precise claim is simpler and offers better protection.

6Key takeaways

• EmpCo has prohibited displaying an environmental label that is neither certified nor public, in all circumstances, since 27 September 2026 in the countries that have transposed it.
• A label owned by the company remains allowed if it is open to other companies and monitored by a legally separate third party.
• A leaf on its own is not a label, but combined with a slogan or an "eco" name it may become a label or a claim that must be specified.
• In France, the law has not been passed as of 27 October 2026, and a logo that misleads about the environment can already cost up to 80% of the campaign budget.
• Websites and advertising are corrected first; packaging stock is handled with stickers and case by case.

For all the wording concerned, see our list of banned claims; to understand the directive itself, EmpCo explained in 2 minutes; and for the full set of French and European texts, the framework for environmental communication.

Further resources

Frequently asked questions

1Is a sustainability label created by the company itself banned under EmpCo?

Not if it is based on a certification scheme. The EmpCo directive prohibits environmental labels that are neither certified nor established by a public authority. The Commission accepts that a company may remain the owner of its label, provided the label is open to all companies that meet its requirements and is monitored by a legally separate third party. A label that only the company can obtain and that it monitors itself is banned.

2Does the EmpCo directive already apply in France?

Not directly, not yet. As of 27 October 2026, the bill transposing it had been adopted by the Senate on 18 February 2026 but had not been examined by the National Assembly. The French Consumer Code already penalises any misleading practice concerning a product's environmental impact, and a company that sells in a country that has transposed EmpCo, such as Germany or Italy, is subject to it there.

3Is a green leaf on packaging an environmental claim?

On its own, without text, an image or a colour is not a generic environmental claim, according to the Commission and the DGCCRF. Combined with a logo or placed near a sentence about sustainability, the leaf may be perceived as a label and must then be based on a certification scheme. In all cases, it must not mislead consumers about the product's impact.

4Can you sell off packaging already printed with an in-house logo?

The directive provides for no transition period and also applies to existing stock. The Commission suggests covering the logo with a sticker or adding information at the point of sale. In June 2026 the European authorities agreed to assess cases individually, without necessarily requiring destruction or a recall. Once the rule applies, new print runs, websites and advertising benefit from no tolerance; in France, it will apply as soon as the law is published.

5How much does the EU Ecolabel cost?

The EU regulation sets an application fee of €200 to €2,000, capped at €600 for an SME and at €350 for a micro-enterprise. The annual fee is at most 0.15% of sales of the labelled product, up to €25,000 per product group. Laboratory testing comes on top, and AFNOR Certification, which awards the label in France, does not publish a price list.

6What is the penalty for a fake environmental label in France?

A label displayed without authorisation, or a logo that misleads about a product's environmental impact, is a misleading commercial practice: up to 2 years' imprisonment and a €300,000 fine, or €1.5 million for a company. The fine can reach 10% of turnover, or 80% of the campaign's expenditure when the deception concerns the product's environmental impact or the advertiser's environmental commitments.

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