Packaging claims under EmpCo and the PPWR
EmpCo polices what packaging marketing can say; the PPWR (Regulation 2025/40) sets the underlying substantive criteria. Together they close most loopholes.
Packaging claims sit at the intersection of two EU regimes: EmpCo polices the language; the Packaging and Packaging Waste Regulation (PPWR, Regulation (EU) 2025/40) sets the underlying technical criteria.
PPWR is in force from 11 February 2025 and generally applicable from 12 August 2026. It defines recyclability, mandates minimum recycled content for plastic packaging, and constrains compostable packaging. EmpCo applies the case-by-case and per se greenwashing tests on top.
"Recyclable" — infrastructure, not theory
"Recyclable" is generic under UCPD Article 2(p). Under PPWR a packaging is recyclable only if it is designed for recycling and separately collected, sorted and recycled at scale in practice. A "recyclable" call-out without specifying which component and under which conditions — and without PPWR design-for-recycling compliance — fails both regimes.
"Biodegradable" — almost always misleading
Recital 9 lists "biodegradable" as a presumptively generic term. Without specifying the environment (industrial composting, home composting, soil, marine), timeframe and standard (EN 13432, EN 14995), the claim is unsupportable. Plain "biodegradable" on a plastic bag has been banned by Italian, French and Dutch enforcement.
"Compostable" — specify conditions
PPWR restricts compostable packaging to narrowly defined formats (tea bags, fruit stickers, very lightweight carrier bags where Member States opt in). For permitted uses a compostable claim must specify the conditions (e.g. "industrially compostable per EN 13432"). "Compostable" on cosmetics or beverage packaging is no longer defensible.
Component scope and recycled content
A "100% recycled" headline when only the bottle (not cap and label) qualifies triggers Annex I point 4b. PPWR's minimum recycled-content rules for plastic packaging set a quantified baseline — claims should reference the percentage and component scope (e.g. "bottle: 50% post-consumer recycled PET, excluding cap and label").
Reference points: Coca-Cola and Nestlé Waters' 2023 commitments to specify "excluding cap and label" and drop "Recycle me again" call-outs are the template most FMCG brands are now adopting.
Citations: Directive (EU) 2024/825 Annex I points 4a–4b; Regulation (EU) 2025/40 (PPWR); EN 13432; UCPD Article 2(p); Recitals 9, 12.