As of September 27, 2026, EmpCo’s requirements are binding, implemented in Germany via the UWG, and legal warnings are possible. Those who have not yet reviewed their environmental claims must now take a structured approach. In the ‘Sustainability x AI’ talk series, Janika Ofterdinger and Dr. Britta Frommeyer (Nextra Consulting GmbH) will discuss a specific EmpCo project with Jessica Mohr (Head of Sustainability Management, OTTO FUCHS KG). The article demonstrates how the AI-supported Quick Check works and what it delivers in practice.
The change shortly before the deadline: Transitional regulation for existing stock
On September 24, 2026, the Bundestag adopted a transitional regulation for existing stock with Section 15b UWG. It concerns goods that were placed on the market before the deadline. In the case of judicially asserted claims for injunctive relief, proportionality must be considered, such as the severity of the infringement and the effort required to remove claims from packaging. The legal violation remains; only its enforcement is changed. Online presences are not affected by this.
How an EmpCo Quick Check works
Nextra and the company first define the scope. Subsequently, sources such as URLs, PDFs, images, and product sheets are uploaded, and an AI agent identifies the environmental claims and categorizes them by risk using a traffic light system. The tool is deliberately set to be sensitive because an overlooked claim carries more weight than one that is over-marked. Nextra validates the results with a human in the loop. The check does not replace legal advice; it indicates where legal review should begin.
Results from the project: Prioritization instead of individual case work
Otto Fuchs manufactures components from aluminum and titanium alloys. As a classic B2B company, it was initially unclear whether EmpCo applied, but the website, for example, can also reach end consumers. The number of claims found was surprising, but prioritization made them manageable. Recommendations for high-risk claims were implemented quickly, while statements without suitable evidence were initially deferred.
Responsibility and Training
The results served as a basis for clarifying responsibilities between sustainability, communication, and legal departments, and provide concrete examples for training. Currently, communication and sustainability management jointly approve claims; in the future, the process is to become leaner. Dr. Britta Frommeyer emphasizes that EmpCo is no reason to stop communicating about sustainability.
What you will learn in the talk
- classify the transitional regulation for existing stock according to Section 15b UWG
- understand the process of an EmpCo Quick Check from scope to validation
- prioritize environmental claims by risk using a traffic light system
- use the AI check as a preliminary stage for legal review
- clarify responsibilities and train departments using concrete examples
All future and past webinars can be found at: nextra-consulting.com/webinars. More about the EmpCo Check can be found here.
