The new prohibited practices added to the UCPD blacklist
EmpCo adds about ten new entries to the UCPD's blacklist (Annex I) — practices that are always unfair, with no need to prove consumer harm.
EmpCo adds about ten new entries to the UCPD's "blacklist" (Annex I) — practices that are always unfair, regardless of context. Regulators don't need to prove a consumer was misled; the practice itself is automatically illegal.
The new entries fall into two clusters: misleading green claims (points 2a, 4a, 4b, 4c, 10a) and obsolescence and repair-blocking (points 23d–23j). National lettering may shift; the substance is identical EU-wide.
- Annex I, 2a — Unauthorised sustainability labels. Any label not based on a certification scheme or established by a public authority is banned.
- 4a — Generic environmental claims without proof of recognised excellent environmental performance. "Eco-friendly", "green", "sustainable", "biodegradable" — banned unless qualified on the same medium or backed by a top-tier official benchmark.
- 4b — Whole-product claim when only an aspect is green. "Made with recycled material" splashed across a bottle when only the cap is recycled.
- 4c — Offset-based carbon-neutral claims at product level. "Carbon neutral", "CO2-neutral", "climate positive", "net zero" — all banned at product level when relying on external offsets.
- 10a — Presenting legal requirements as a USP. "Cruelty-free" cosmetics in the EU, "CFC-free" aerosols — already required of every competitor.
- 23d — Hiding negative impact of software updates ("batterygate").
- 23e — Calling an optional update "necessary." Reserve that framing for genuine security or conformity patches.
- 23f — Marketing goods designed to fail. Effectively makes selling planned-obsolescence designs commercially impossible.
- 23g — False durability claims without test data reflecting real-world use.
- 23h — Falsely presenting goods as repairable when sealed glue, paired components or legal restrictions actually prevent repair.
- 23i — Prompting premature replacement of consumables. "Cartridge empty" with 20% ink remaining; calendar-timed filter alerts.
- 23j — Hiding the impact of using non-original parts. Must be disclosed pre-purchase.
Because these are blacklisted, a single unsubstantiated green claim or undisclosed software downgrade can trigger immediate enforcement — without proving actual consumer harm.
Citations: Directive (EU) 2024/825, Article 1(4) inserting points 2a, 4a, 4b, 4c, 10a, 23d–23j into Annex I UCPD; Recitals 14, 17–21.
Recent developments (2025–2026). Even before EmpCo applied, national regulators were already treating these practices as actionable under existing UCPD provisions: the Dutch ACM closed binding commitments with H&M and Decathlon over sustainability claims (2022, monitored through 2024), Italy's AGCM fined multiple fashion and FMCG advertisers in 2024–2025, and France's DGCCRF updated its 2025 guidance to mirror the EmpCo blacklist additions. The new Annex I entries have been in force since 27 September 2026.
Citations: ACM commitment decisions on H&M and Decathlon, 2022 (monitored 2024); AGCM annual report 2024; DGCCRF guidance, 2025.