22 September 2026

Circularity claims also require robust evidence – Mini-series Part V

  • Articles
  • Legal
  • Governance / ESG

Claims about the circular economy require more than just good intentions. What matters most is reliable data, clear processes and robust evidence.

  • Dr. Martin Eckert

    Legal Partner

  • Adrian Peyer

    Of Counsel

EmpCo, the Swiss Unfair Competition Act (UWG), the New Federal Act on Unfair Competition (NUFG) and the Climate Protection Ordinance

Claims such as «circular», «recyclable», «climate-neutral» or «sustainable» are becoming more legally risky. Detailed bans will come into force in the EU from 27 September 2026. In Switzerland, Article 3(1)(x) of the UWG has already been in force since 1 January 2025.

This article forms the communications and governance module of the mini-series. The overall regulatory context is explained in «The circular economy becomes binding product law».

I. EmpCo: detailed rules on environmental claims

Directive (EU) 2024/825 on Empowering Consumers for the Green Transition (EmpCo) was adopted on 28 February 2024. The transposition deadline was 27 March 2026. The national provisions are to apply from 27 September 2026.

  • General environmental claims such as «green» or «environmentally friendly» are prohibited unless recognised outstanding environmental performance can be demonstrated.
  • Sustainability labels must be issued by a public body or be based on a qualified certification scheme involving independent third-party verification.
  • Product-related climate neutrality or reduction claims are prohibited insofar as they are based on the offsetting of greenhouse gas emissions.
  • Forward-looking environmental claims require verifiable commitments, measurable targets, a realistic implementation plan, allocated resources and regular independent auditing.

II. Comparison with Switzerland

Article 3(1)(x) of the Unfair Competition Act (UWG) covers claims regarding the environmental impact caused by goods, works or services that cannot be substantiated by objective and verifiable evidence. The provision has been in force since 1 January 2025. It may also apply to advertising and other voluntary corporate statements.

The Swiss regulation is more principle-based than EmpCo. In March 2026, the Federal Office for the Environment (FOEN) issued guidance on climate claims (Climate: Guidance).

III. NUFG and the Climate Protection Ordinance

The Federal Act on Sustainable Corporate Governance (NUFG) is still at the draft stage. The consultation period ran until 9 July 2026. The proposals include due diligence obligations for large companies, sustainability reporting, external auditing and national supervision.

The amendment to the Climate Protection Ordinance was adopted on 9 September 2026 and will come into force on 1 November 2026. It concerns the role of the Confederation, the cantons and other public bodies in setting an example. Upstream and downstream emissions are also covered. It may increase procurement expectations and the demand for value chain data.

IV. Implications for Swiss companies

  • Labels, Logos, Farben und Bildsprache neben dem Wortlaut separat prüfen (gemäss EmpCo und UWG).
  • Check labels, logos, colours and visual elements separately from the text (in accordance with EmpCo and the UWG).
  • Remove or redesign compensation-based product claims for the EU market.
  • Link DPP, packaging data, PFAS evidence and communication approvals.
  • Monitor the NUFG as the future governance and reporting regime
  • Check marketing materials for compliance with EmpCo before 27 September 2026.
  • The evidence base is established in the other areas of implementation: substance and supply chain data are covered in «PFAS are becoming a litmus test for material cycles». Product data and approval processes are examined in greater depth in «Digital Product Passport and ESPR are transforming product management». Packaging claims must be aligned with the requirements set out in «The PPWR is already changing packaging today». Statements regarding reparability, durability and service life must comply with the technical and legal requirements described in the article «Repair is becoming part of the business model»

 

«Circular Economy» mini-series

Find out more about the individual regulations relating to the circular economy in our mini-series. The other articles in the mini-series cover the following topics:

  1. «PFAS are becoming a litmus test for material cycles»: PFAS regulation, recyclability, replacement parts and supply chain data.
  2. «Digital Product Passport and ESPR are transforming product management»: eco-design requirements, data architecture and governance.
  3. «The PPWR is already changing packaging today»: packaging design, recycled materials, reuse and producer responsibility.
  4. «Repair is becoming part of the business model»: right to repair, spare parts, software support and product lifespan.
  5. «Circularity claims also require robust evidence»: EmpCo, the Swiss Unfair Competition Act (UWG), the New Federal Act on Consumer Protection (NUFG) and the Climate Protection Ordinance.

The articles should be read as a coherent implementation chain: material and product data form the basis for compliance and repair; packaging and circularity strategies determine the operational framework; and robust evidence sets limits on permissible communication.

 
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