New EU environmental claims rules – do they matter to NZ exporters?

The EU’s Empowering Consumers Directive (2024/825) comes into effect in September 2026 and sets tighter expectations around how environmental claims on products can be made to consumers in the EU. The focus is on ensuring that any claims made are clear, specific, and grounded in real lifecycle impacts.

Generic claims such as "eco-friendly" will face greater scrutiny, product-level carbon claims will be restricted, and businesses will need robust data to support any environmental benefits they communicate.

This is part of a broader global shift to reduce greenwashing, eliminate unverified labels, and empower consumers — an outcome Toitū strongly supports.

We're providing clarity on the new legislation so you can plan with confidence and ensure your approach to making product claims is robust for EU markets.

Who is impacted by the Directive?

New Zealand businesses exporting products to EU consumers (directly or via a distributor), particularly those making Net Zero, carbon neutral, climate-positive or other environmental claims about their product.

What exporters should do now

New Zealand exporters, including those selling fibre, food or agriculture products into Europe should review all EU-facing claims before September 2026. Under the Directive, companies will need to be more specific about the environmental claims they make.

For example:

A New Zealand apparel exporter supplies merino wool garments to a multi-national department store in Europe and holds Toitū Carbon Net Zero certification. The farms in its supply chain have established permanent native forest on less productive land. These activities remove carbon within the wool supply chain and help balance residual emissions that cannot yet be eliminated.

"The residual emissions associated with our merino wool are balanced through carbon removals occurring within our farm supply chain."

Alternatively, the exporter could make a comparative claim, such as stating the carbon footprint of its wool is 30% lower than a defined 2020 baseline, provided the reduction is measurable and supported by evidence.

You can find further guidance on how to take a best practice approach to your climate claims in this insights article.

Toitū's view

We've investigated the implications of the Directive and other market signals to ensure we continue to support our clients to make credible climate claims about their products.

Participation in a Toitū climate programme can help businesses prepare for the EU's new requirements because our certification approach, including independent verification and robust standards, aligns well with what regulators are trying to achieve. This means certified products are generally better placed to demonstrate the evidence behind their claims.

However, when communicating to EU consumers, clients must ensure their product claims align with the Directive's expectations by:

1. Showing that any carbon removals occur within their own value chain; and/or
2. Making specific, measurable comparative claims, such as a reduction in emissions against a clearly defined baseline.

Supplementary due diligence

While this pathway shows alignment with the Directive, we recommend clients seek independent legal advice to confirm how the legislation applies to your specific products, markets, and distribution approach.

As with all regulatory environments, interpretation and enforcement may vary across EU member states, and it’s important that you have confidence in your approach.

Closing thoughts

In summary, the EU's Empowering Consumers Directive signals a shift towards more specific, evidence-based environmental claims. For New Zealand exporters selling products to EU consumers, now is the time to review packaging, marketing and product claims to ensure they can be substantiated.

Businesses participating in the Toitū Climate Impact Programme are already well positioned through independent verification and robust emissions measurement, but claims made in the EU market should be carefully assessed to ensure they align with the Directive's expectations.

Support accessing EU markets

For clients interested in exporting products to the EU and understanding how to meet the Directive's environmental requirements, reach out to your dedicated Programme Lead or our Client Support Team at support@toitu.co.nz, or call 0800 366 275 (option 2) at any time.

Toitū can help you understand the implications for your products so you can approach EU markets with confidence.