--- title: "We designed our own eco label or badge" description: "Since 27 September 2026, displaying a sustainability label that is neither based on a certification scheme with independent third-party monitoring nor established by a public authority is an unfair commercial practice in all circumstances under the Unfair Commercial Practices Directive. Retire an in-house eco badge, replace it with a specific claim, or use a label from a qualifying scheme such as the EU Ecolabel." type: "problem" url: "https://www.conphora.com/solutions/problem/own-eco-label/" markdown: "https://www.conphora.com/solutions/problem/own-eco-label.md" locale: "en" language: "en" updated: "2026-10-04" author: "Conphora compliance team" publisher: "Conphora" source: "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02005L0029-20260927" tags: ["sustainability-claims"] license: "Free to quote with attribution and a link to the page" --- # We designed our own eco label or badge Since 27 September 2026, displaying a sustainability label that is neither based on a certification scheme with independent third-party monitoring nor established by a public authority is an unfair commercial practice in all circumstances under the Unfair Commercial Practices Directive. Retire an in-house eco badge, replace it with a specific claim, or use a label from a qualifying scheme such as the EU Ecolabel. ## Why this happens Many brands have created their own sustainability marks over the years: a green leaf with a line name, a seal for a range of 'conscious' products, a badge on the webshop filter. Directive (EU) 2024/825 ends that practice. It inserts point 2a into Annex I of the Unfair Commercial Practices Directive 2005/29/EC: "displaying a sustainability label that is not based on a certification scheme or not established by public authorities" is a commercial practice that is unfair in all circumstances. The national rules apply from 27 September 2026 (Directive (EU) 2024/825 Article 4(1)). [1][2] The definitions decide what is caught. A sustainability label is any voluntary trust mark, quality mark or equivalent, public or private, that aims to set apart and promote a product, a process or a business by reference to its environmental or social characteristics, or both; mandatory labels are excluded (Article 2(q)). A certification scheme is a third-party verification scheme whose terms are public, which is open on transparent, fair and non-discriminatory terms to all traders who can comply, whose requirements were developed with relevant experts and stakeholders, which has procedures for non-compliance including withdrawal or suspension of the label, and whose monitoring is carried out by a third party independent of both the scheme owner and the trader (Article 2(r)). [1] The recitals add practical points. Before displaying a label, the trader should make sure that the scheme meets these minimum conditions of transparency and credibility. Labels established by public authorities remain possible without a certification scheme, and logos awarded under the EU Ecolabel and EMAS Regulations are given as examples. A label that suggests a product is better for the environment is also an environmental claim (recitals 7 and 8). [2] The EU Ecolabel is a voluntary scheme under Regulation (EC) No 66/2010. An operator applies to a competent body, the label may only be used on products that meet the criteria for their product group and for which it has been awarded, and the competent body checks compliance regularly (Articles 9 and 10). The Regulation prohibits false or misleading advertising and any label or logo that leads to confusion with the EU Ecolabel (Article 10(1)). [3] Removing the badge does not remove the need for honest claims. An environmental claim can also be a brand name, company name or product name (UCPD Article 2(o)), and a generic environmental claim needs recognised excellent environmental performance relevant to the claim, such as compliance with the EU Ecolabel (Annex I point 4a and Article 2(s)). [1] ## How to solve it 1. **List every mark that sets products apart on environmental or social grounds** Include badges, seals, icons with words, product-line names and trust marks, on packs, online and in marketing. A sustainability label is any voluntary trust mark, quality mark or equivalent, public or private, that promotes a product, process or business by its environmental or social characteristics. 2. **Test each mark against the certification scheme criteria** A qualifying scheme is a third-party verification scheme with public terms, open on fair terms to all traders, with requirements developed with experts and stakeholders, procedures for non-compliance and withdrawal, and monitoring by a third party independent of both the owner and the trader. A badge that only your own brand can use will normally fail at least the open-access criterion. 3. **Choose what replaces the badge** Remove it, replace it with a specific claim stated clearly on the same medium, or join a scheme that meets the criteria. A label established by a public authority, such as the EU Ecolabel, is also allowed. Do not create a look-alike of an official label. 4. **If you go for the EU Ecolabel, prepare the application** Check whether criteria exist for your product group. Apply to a competent body in the Member State where the product originates, or for non-EU products in a Member State where it is placed on the market. The application contains the documentation the criteria require, and fees apply. The label may be used only after a contract with the competent body, with the registration number on the product. 5. **Check names and product lines too** An environmental claim can be a brand name, company name or product name. A line called 'eco' or 'green' needs the same check as a badge: it may be a generic environmental claim that needs recognised excellent environmental performance. ## What you need to show - **Inventory of labels, badges and named product lines with their basis** — Marketing and brand management (Directive 2005/29/EC Article 2(q) and Annex I point 2a) - **The public terms of each certification scheme you use, and your certificate** — The scheme owner and the certifier (Directive 2005/29/EC Article 2(r)) - **EU Ecolabel award and registration number, if used** — The competent body (Regulation (EC) No 66/2010 Article 9(5), (8) and (9)) ## If you do nothing - **Banned in all circumstances** — Displaying a sustainability label that is not based on a certification scheme or not established by public authorities is on the list of commercial practices that are always unfair (Directive 2005/29/EC Annex I point 2a). - **Look-alikes of the EU Ecolabel are prohibited** — Any false or misleading advertising, or use of any label or logo which leads to confusion with the EU Ecolabel, is prohibited (Regulation (EC) No 66/2010 Article 10(1)). - **Penalties and actions by competitors** — Member States lay down penalties for UCPD infringements and give persons with a legitimate interest, including competitors, the means to take action (Directive 2005/29/EC Articles 11(1) and 13). ## Questions ### Our badge is backed by a supplier certificate. Does that help? Only if the label itself is based on a certification scheme as defined: third-party verification, public terms, open access, stakeholder-developed requirements, sanctions and independent monitoring (Directive 2005/29/EC Article 2(r)). Your own badge on top of a supplier certificate is still your own label. ### Can a label set up by a public authority be used without a scheme? Yes. The ban covers labels not based on a certification scheme or not established by public authorities. Logos awarded under the EU Ecolabel Regulation and the EMAS Regulation are given as examples of labels established by public authorities (Directive (EU) 2024/825 recital 7). ### Is a badge that says 'ocean plastic' or 'vegan' a sustainability label? It can be, if it is a voluntary mark that aims to set the product apart by environmental or social characteristics (Article 2(q)). Whether a given word does so depends on how it is presented; no recital names these examples. Mandatory labels required by Union or national law are excluded. ### What does the EU Ecolabel require of us? The label may only be used on products that meet the criteria for their product group and for which it has been awarded (Regulation (EC) No 66/2010 Article 9(2)). The competent body checks compliance regularly and may investigate on complaint (Article 10(2)). ## Sources 1. [Directive 2005/29/EC on unfair business-to-consumer commercial practices (consolidated text of 27 September 2026)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02005L0029-20260927) — EUR-Lex, 2026-10-04 2. [Directive (EU) 2024/825 on empowering consumers for the green transition](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024L0825) — EUR-Lex, 2026-10-04 3. [Regulation (EC) No 66/2010 on the EU Ecolabel (consolidated text of 14 November 2017)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R0066-20171114) — EUR-Lex, 2026-10-04