3 November, 2026

One pack, several markets: the risk of environmental claims on food supplements in Europe

The same food supplement pack is sold in Spain, France, Germany and the Netherlands with the environmental claim “sustainable packaging” on the front. In each market it will be read by a different authority, with different administrative practice. Regulatory risk does not depend on which country has transposed Directive 2024/825, but on who takes action and how.

The mistake: ranking risk by each country’s transposition date

The usual reaction to Directive (EU) 2024/825 in a multi-country strategy is to check which Member States have transposed it and adapt the packaging to the timetable. Germany and the Netherlands already apply the new rules. Spain and France had not transposed it as of May 2026. The conclusion seems obvious: the risk lies in the first two.

Yet the precedents from cases already decided say the opposite.

Italy, August 2025. The AGCM fines the company operating Shein €1 million for misleading environmental claims and omissions. It applied the Italian Consumer Code in force, not the directive.

Germany, June 2024. The Bundesgerichtshof (Katjes case, I ZR 98/23) requires the meaning of “klimaneutral” (climate-neutral) to be explained in the advertising itself. It applied the UWG (German Unfair Competition Act), before any transposition.

Netherlands, April 2024. Following intervention by the ACM, Albert Heijn withdraws claims such as “the most sustainable supermarket”. There was no fine: the authority’s guidance on sustainability claims was enough.

France, since 2022. The AGEC law already bans terms such as “respectueux de l’environnement” (environmentally friendly) on products and packaging. Since 2023, the Climate and Resilience law has regulated carbon-neutrality claims.

Regulatory risk does not begin with transposition: the directive harmonises a standard that the most active authorities were already applying.

Three enforcement routes that change from one country to another

Consumer and competition authorities. The Dutch ACM, the Italian AGCM and the French DGCCRF each have their own administrative practice on environmental claims. In Spain, consumer protection is a regional (autonomous community) competence, which multiplies the criteria.

Competitors and associations. In Germany, the out-of-court cease-and-desist letter between competitors (Abmahnung) is the ordinary route. The Wettbewerbszentrale and associations such as Deutsche Umwelthilfe use it systematically. A weak environmental claim can receive a warning letter within weeks, without any administrative involvement.

Notification and official food controls. Directive 2002/46/EC requires the supplement to be notified together with its label. The authority receiving it does not assess the environmental claim. But the claim stays on file, and during inspections it is the first thing the inspector sees.

Translation is a regulatory decision

The directive does not prohibit a specific, well-defined claim such as “cardboard box made with 80% recycled fibre”. It requires that clarification to appear clearly and visibly on the same medium. In German, that clarification takes up considerably more space. If the design team moves it to the back so it fits, the front is left with a generic claim and the claim changes legal category. The same sentence is valid in Spanish and prohibited in German because of a layout decision.

The substantiation file

Every environmental claim needs a file that identifies: the component or aspect it refers to; the method, certificate or certification scheme that proves it; the validity dates; and the approved wording in each language and its position on the pack.

A certificate for the cardboard does not cover the capsule, the cap or the blister. If the translation broadens the promise, the evidence for the original text is no longer enough. On stock that has already been printed, see our article on Spain.

A multi-country strategy is not about translating the same claim. Unlike health claims, with environmental claims it means deciding, before printing, whether that claim can be substantiated in every market where the product will be sold. That decision requires regulatory judgement on each country’s administrative practice, not a table of dates. At LegaleGo, we don’t process paperwork — we make decisions.