Is “Biodegradable” still allowed under EU law?
Not on its own. Under the EmpCo Directive this is a generic environmental claim, prohibited unless you can demonstrate recognised excellent environmental performance.
How common is it?
We found this term in a flagged claim on 19 of the 680 websites we have scanned — 2.8%.
- sites affected
- 19
- times flagged
- 43
- flagged at highest severity
- 15
Why it is a problem
Misleading unless the conditions and timeframe for biodegradation are specified. Many "biodegradable" products only degrade in industrial facilities.
What to write instead
Specify conditions, e.g. "Biodegradable in industrial composting facilities within 12 weeks (EN 13432 certified)."
The legal basis
Directive (EU) 2024/825 — the Empowering Consumers Directive — adds environmental claims to the Annex I blacklist of the Unfair Commercial Practices Directive. It applies across the EU from 27 September 2026, with no transition period. Penalties reach 4% of annual turnover in the member state concerned.
Check whether your own site uses this term
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Figures come from EcoClaim's own scan corpus, last updated 2026-08-22. It is a self-selected sample — sites run through our public checker, not a random sample of EU commerce.