Penalties and enforcement
EmpCo plugs new banned practices into the existing UCPD enforcement system — which already carries fines of at least 4% of annual turnover for widespread cross-border infringements (or at least €2 million where turnover data is unavailable).
EmpCo plugs new banned practices into the existing UCPD enforcement system — which already carries fines of at least 4% of annual turnover for widespread cross-border infringements (or at least €2 million where turnover data is unavailable).
Who enforces. Each Member State's existing consumer authority. Notable bodies: DGCCRF (France), ACM (Netherlands — already forced H&M and Decathlon to drop "Conscious" and "Ecodesign" labels and refund consumers), AGCM (Italy — fined Eni €5m for "Diesel+"), and various German bodies including the BfJ. Enforcement intensity varies — France, Germany, the Netherlands and Italy are historically the most aggressive.
The penalty regime (inherited from Omnibus Directive 2019/2161). It provides for fines of at least 4% of annual turnover for widespread cross-border infringements (or at least €2 million where turnover data is unavailable). Member States may go beyond this floor.
How fines are calculated (UCPD Article 13(3)): nature, gravity, scale and duration; mitigation/remedy actions; previous infringements; financial benefits gained or losses avoided; penalties already imposed in other Member States.
The CPC Network (Regulation (EU) 2017/2394). National authorities share information, run joint sweeps, and issue coordinated decisions. CPC sweeps have already targeted airline "climate-neutral flight" claims (April 2024) and fashion sustainability marketing. Expect EmpCo-themed sweeps under the rules in force since 27 September 2026 in fashion, FMCG, electronics, automotive, airlines, energy and beauty.
Private enforcement. The Representative Actions Directive (2020/1828) lets qualified entities — consumer NGOs and public bodies — bring injunctive AND redress (compensation) actions on behalf of groups of consumers across the EU. Active litigants include Deutsche Umwelthilfe, ClientEarth, BEUC, Foodwatch, Notre Affaire à Tous, and Réseau Action Climat.
Reputational and self-regulatory risks. Self-regulators (ARPP, JEP, ASA, IAP, DRSP, Werberat) can order ads withdrawn and publish rulings. The Commission FAQ confirms misleading "green" brand or product names can also be refused or invalidated as trademarks.
Citations: UCPD Article 13 as amended by Directive (EU) 2019/2161; Regulation (EU) 2017/2394 (CPC); Directive (EU) 2020/1828 (Representative Actions).