EmpCo Old Stock: Is There an Official Sell-Through Period?

27 September 2026 is approaching. For many companies, this raises a very practical question: What happens to goods, packaging and labels that have already been produced and contain sustainability claims or sustainability labels, but may not fully comply with the new requirements of the EmpCo Directive?

Over the past few months, there has been considerable uncertainty about how authorities will deal with remaining old stock. In some cases, the impression arose that products containing such claims could no longer be sold or delivered from the application date onwards.

What does the CPC Common Understanding say?

A joint “Common Understanding” by the Consumer Protection Cooperation Network (CPC), the network of national consumer protection and market surveillance authorities from all EU Member States, provides greater clarity. Published in June 2026, the document is intended to provide national consumer protection authorities with a common, pragmatic framework for dealing with so-called “Old Stock Situations”. Importantly, the document is neither a legal provision nor a legally binding interpretation of the EmpCo Directive.

Is there an official sell-through period?

The statement clarifies: There is no official EU-wide sell-through period.

Old stock is not generally exempt from the EmpCo requirements. Companies therefore cannot simply rely on the fact that packaging, products or advertising materials were produced or ordered before the application date.
It is also clear that there is no transitional solution for goods that are newly produced, ordered or placed on the market from the application date onwards.

What does this mean for companies?

The European consumer protection authorities have not announced a rigid approach. Instead, they describe the factors that national enforcement authorities should take into account when exercising their discretion.

The specific circumstances of each individual case should therefore be considered, including:

• existing stock levels
• ongoing production cycles
• the practical feasibility of implementing adjustments

However, it remains crucial that companies are already actively working to implement the new requirements and document their actions in a transparent and traceable manner.

Why action is needed now

Interpreting the CPC Common Understanding as a kind of “free pass” for existing packaging would be misleading.

The forced destruction or recall of goods is expressly discouraged where alternative solutions are available. At the same time, however, the statement emphasises that companies should take compliance measures without delay.

How should existing packaging be handled?

The document lists possible measures such as:

• corrective solutions such as stickers or overlabelling
• additional information at the point of sale, such as displays or hangtags
• documentation of all measures taken, including timelines: What volumes remain? Why could the products not yet be repackaged? What transitional solution is being used? When will new goods be compliant?

Digital content is a particular focus, as it can generally be changed at short notice, unlike packaging that has already been produced.

Practical tips until 27 September 2026

Concrete recommendations for companies that currently still have stock containing environmental or sustainability claims:

1. Identification: What is being communicated where?
   Review all communications with regard to whether the claims made can be substantiated.
2. Prioritisation: What can be changed quickly?
   Websites, social media content and digital advertising materials should be prioritised for revision ahead of packaging. Similarly, key products and brands should be updated first, followed by the gradual adaptation of further products.
3. Sell-through: How much stock remains?
   Determine how much stock will still be in storage or distribution after 27 September 2026 and how corrections can be made. Depending on the product category, stickers, overlabelling, hangtags or supplementary information may offer practical solutions.
4. Document decisions:
   Companies should keep a clear record of when risks were identified, which measures were decided upon and how the transition is being implemented. Proper documentation can play an important role in any subsequent assessment by the authorities.