France

Status of the current legislative process

A first draft law containing various provisions adapting French law to European Union law ("DDADUE") has been published on 10 November 2025.

The EmpCo Directive shall be transposed in current Articles 20 and 21 of the draft law.

The French authorities indicated in addition to this draft law a decree of “Conseil d'État” should be to complete the transposition regarding consumer information aspects. 

The new national provisions are planned to enter into force on 27 September 2026, which is consistent with EmpCo's transposition deadline.

Link to the draft (if available)

https://www.legifrance.gouv.fr/contenu/Media/files/autour-de-la-loi/legislatif-et-reglementaire/actualite-legislative/2025/pjl_ecom2524721l_cm_10.11.2025.pdf

Note that only Articles 20 and 21 are dedicated to transposition of the EmpCo Directive.

Further information relating to the legislative process and subsequent versions of the draft Act initially introduced in November will be available here (in French only): https://www.senat.fr/dossier-legislatif/pjl25-118.html

Does the implementation go beyond EmpCo requirements?

Yes, French existing legal framework before 2025  partially goes beyond what will be prohibited by EmpCo: 

• amends the French Environment Code by replacing the absolute ban on generic environmental claims on products and packaging with conditions to allow such claims where it can be demonstrated excellent environmental performance, and 
• repeals the national carbon-neutrality advertising regime to take into account EmpCo's absolute ban on carbon offsets impact claims.

Are there any comments from relevant authorities on the interpretation or enforcement of the national implementation?  

Yes

On 30 September 2025, the French authorities published a note on the website of the French Authority for Competition, Consumer Affairs and Fraud Control   (“DGCCRF”) concerning the impacts of the upcoming transposition Directive 2024/825 on Empowering Consumers ("EmpCo Directive") into French law,.

addressed key transposition issues in the aforementioned note related to these topics:

• On Sustainability labels: under the Directive, sustainability labels must meet stricter requirements. Consequently, internal labels and non-verified labels that do not employ a third party to verify compliance with specifications will be prohibited.
• On Generic environmental claims: The absolute prohibition of generic claims (such as "biodegradable", "environmentally friendly" and equivalent terms) on products and packaging (only) will need to be reviewed. Indeed, the EmpCo Directive extends this prohibition EU-wide across all media (not solely products or packaging) and allows such claims where it can be demonstrated excellent environmental performance through EU Ecolabel or Type I eco-labels, specifying supporting criteria. As a result, French authorities confirmed Article L.541-9-1 requires amendment to ensure consistency with the EU Directive. 
• On GHG offsets impact claims: the EmpCo Directive added to Annex I of the Unfair Commercial Practices Directive 2005/29/EC (the 'blacklist' listing misleading practices prohibited in all circumstances) an absolute prohibition on environmental claims asserting neutral, reduced or positive GHG impact based on offset mechanisms. Consequently, French authorities acknowledged the national transposition of this prohibition will lead to the abrogation of the rules provided by Article 12 of the Climate & Resilience Law currently regulating carbon neutral claim (see above). 

Will the national implementation be applied in a Business-To-Business (B2B) context? 

N/A

Is there a green claims guide/guidance in your country? 

Yes

Green Claims Guidelines has been adopted in France, by the National Consumer Council (CNC) and the French economic regulation and consumer protection authority (DGCCRF - General Directorate for Competition, Consumer Affairs and Fraud Control) on 20 March 2023. The guidelines are available here (in French only): https://www.economie.gouv.fr/files/2023-05/Guide_allegat_environ_fr_2012.pdf?v=1685025927 

The first part covers the definition of environmental claims, environmental information and labels, and the legal framework for claims whereas the second part covers details and clarifications concerning the various existing environmental claims and claims relating to companies.  

These guidelines also contain two appendices, summarizing (i) the mandatory dematerialized system to provide information on the environmental qualities and characteristics of products and packaging and (ii) methods to establish a fair environmental claim.

Additionally, the ADEME (French Environment and Energy Management Agency) has published an anti-greenwashing guide (December 2025 edition)  and a dedicated website (https://communication-responsable.ademe.fr/) providing guidelines, practical tools, and case studies to help organisations evaluating their environmental claims and identifying areas for improvement.

[2] Available here : https://librairie.ademe.fr/societe-et-politiques-publiques/8839-guide-anti-greenwashing-de-l-ademe-edition-2025-9791029724312.html#

These recently published guidelines take into account the EmpCo Directive requirements and future legislative amendments.

What are the sanctions and penalties?  

The new EU requirements will be implemented within the provisions prohibiting misleading commercial practices. Non-compliant environmental claims will therefore be sanctioned under the same legal framework and penalties (i.e. sanctioned by two years’ imprisonment and a €300 000 fine, a turnover-based fine, or a fine up to 80% of the expenses incurred in carrying out the advertising or practice constituting the offence, as well as by complementary sanctions).

Does the national implementation answer the following questions:  

(1) whether sustainability labels can take the form of text;
No, the draft implementation law does not address the content of the label as such.

(2) whether generic environmental claims can be used or are they banned unless you have recognised excellent environmental performance; 
They are banned unless you have recognised excellent environmental performance (see our answers above).
(3) whether GHG impact claims based on GHG offsets are banned only if offsets are the sole basis, or even if offsets and GHG reductions are combined.
The draft law amends article L. 121-4 of the French consumer code to introduce GHG offsets impact claims to the 'blacklist' of misleading practices prohibited in all circumstances. It will be prohibited “to claim, based on greenhouse gas emissions offsetting, that a product has a neutral, reduced or positive impact on the environment as a result of these emissions”.

The draft text does not distinguish and therefore, in the absence of further guidance it should be understood as including  GHG impact claims based on a combination of offsets and GHG reductions.

[3] Article L. 132-1 to L. 132-9 of the French consumer code