EU Green Claims Old Stock Guidance Supports Case-By-Case Enforcement

A non-binding EU consumer-protection position says national authorities may take a proportionate, case-by-case approach when assessing products already on the market whose environmental claims do not meet new EU requirements. France's DGCCRF published an explanation of the June CPC common understanding on 28 July, giving manufacturers, importers, brands and retailers practical direction on green claims old stock before Directive (EU) 2024/825 applies on 27 September 2026.

How Green Claims Old Stock Will Be Assessed

The Consumer Protection Cooperation network agreed the common understanding with the European Commission in June. It addresses products placed on the market before the application date that still carry claims, labels or sustainability information which may conflict with the strengthened rules against misleading environmental marketing.

Authorities may consider real transitional difficulties when deciding the appropriate response to an infringement. The DGCCRF identifies stock volume, product shelf life and the technical feasibility of changes as relevant factors. This is not a blanket sell-through exemption, and it does not make a non-compliant claim lawful. It describes how enforcement authorities may use proportionality when selecting follow-up action.

Labels, Online Copy And Retailer Controls

The green claims old stock issue extends beyond packaging artwork. Businesses should compare on-pack statements with product pages, marketplace listings, point-of-sale displays, catalogues and retailer data feeds. Claims about environmental impact, durability, repairability, climate performance or sustainability labels may need evidence, qualification or removal under the amended consumer-law framework.

Manufacturers and brand owners should identify finished stock by market, production date, label version and expected sell-through period. Importers and distributors need evidence showing when goods entered the supply chain and which entity controls marketing content. Retailers should establish escalation routes for questionable claims and retain records supporting any decision to continue selling existing stock.

What To Do Before 27 September

Legal, sustainability, packaging and commercial teams should rank claims by enforcement risk and document why relabelling, over-stickering, withdrawal or controlled sell-through is proportionate. Technical difficulty and cost alone should not be treated as automatic protection. Where a claim cannot be substantiated, businesses should correct controllable digital and point-of-sale content promptly and agree a defensible stock plan.