EmpCo and the Living Future Declare Program
Briefing Memo: The EU Empowering Consumers for the Green Transition Directive (EmpCo) and the Declare Program
August 2026
BACKGROUND
Around the world, environmental claims and sustainability labels are receiving increased regulatory attention. In the European Union, Directive (EU) 2024/825—the Empowering Consumers for the Green Transition Directive (EmpCo)— was passed in 2024 to strengthen consumer protections by prohibiting misleading environmental and social claims and to establish requirements for sustainability labels. The Directive is to be implemented beginning September 27, 2026
Among other provisions, EmpCo prohibits the display of sustainability labels that are not based on a qualifying certification scheme or established by a public authority. It also establishes requirements concerning transparency, stakeholder participation, fair and non-discriminatory access, procedures for non-compliance and withdrawal or suspension, and objective independent monitoring.
For more information, see the FAQ document released by the European Commission or read the directive in its entirety here. There are also a variety of good informational pieces available such as this one from the World Economic Forum.
Similar expectations are emerging elsewhere, including in U.S. guidance concerning environmental marketing claims and certifications, such as FTC Green Guides.
DECLARE TERMS AND CONDITIONS OVERVIEW
Manufacturers participating in Declare agree to specific requirements governing the use and representation of the Declare label. The Declare Manufacturer Terms and Conditions identify the specific statements manufacturers may use in connection with their Declare label and prohibit broader environmental claims about products in relation to Declare or the Living Building Challenge unless separately substantiated.
Manufacturers marketing products in the EU should review the Declare program requirements and Terms and Conditions and ensure that their use of the Declare Label and any associated claims comply with both those requirements and applicable EU consumer-protection law. Where a Declare label is used as a sustainability label within the scope of EmpCo, manufacturers should consider whether the applicable label and conformity assessment pathway meet the Directive's requirements for a qualifying certification scheme.
The Terms & Conditions Agreement that was put into effect for all manufacturers starting on April 1, 2024, can be found here. Living Future is also completing a minor refresh to our Terms & Conditions for Declare to provide greater clarity with respect to the EmpCo Directive. This will be posted by the September 27th, 2026 deadline, and will go into effect for all manufacturers in the program moving forward as they renew or pursue new labels.
HOW DOES DECLARE RELATE TO THE EMPCO DIRECTIVE
The Declare program is a publicly documented transparency label with defined, bounded criteria for the information it communicates about products. It is designed to provide transparency about product ingredients and other defined program attributes. Its purpose is not to establish a product’s overall environmental or sustainability performance.
Declare communicates defined information about a product's ingredients and other program attributes. It shows what program criteria have been met, and what designation applies. Declare does not communicate whether a product is green, sustainable, environmentally preferable, healthy, non-toxic, or that every environmental attribute has been assessed.
The distinction is important: Declare provides transparency about defined product attributes; it does not establish overall environmental performance.
How a Declare label is presented can nevertheless influence how a product or designation is perceived. Accordingly, manufacturers should consider the label or designation, associated logos and imagery, surrounding language, product descriptions, and other communications when evaluating environmental marketing claims.
HOW DOES EMPCO RELATE TO “LBC RED LIST FREE” OR “LBC RED LIST APPROVED”
LBC Red List Free has a specific purpose within the Living Building Challenge ecosystem. It is a defined program designation indicating that the product meets the applicable Living Building Challenge Red List program's requirements at the time of evaluation.
The designation was created primarily to help project teams pursuing the Living Building Challenge identify products that can contribute toward the Materials Petal.
LBC Red List Free should not be represented as a broader claim about a product’s environmental or health performance, such as non-toxic, healthy, safe, sustainable, or environmentally preferable, without separate substantiation.
WHY LIVING FUTURE ENCOURAGES THIRD-PARTY VERIFICATION
Declare has historically included both self-declared and third-party verified pathways. Declare 2.1 establishes a strengthened third-party verification pathway in which independent verifiers evaluate conformity with applicable Declare requirements. This provides an important mechanism for objective monitoring of compliance with the program. Living Future increasingly encourages independent third-party verification of Declare Labels because third-party verification can provide greater:
- Credibility for designers, owners, purchasers, and other stakeholders
- Confidence in the completeness and accuracy of disclosed information
- Risk management for manufacturers using transparency information in public communications
- Alignment with emerging global regulatory expectations for objective, independent monitoring of sustainability-label schemes.
Verification does not make Declare a general environmental-performance certification. It strengthens confidence in the specific information and criteria covered by the Declare program.
GOVERNANCE AND CONFORMITY ASSESSMENT
Declare 2.1 includes an updated conformity assessment framework informed by ISO/IEC 17065 principles. The following features are relevant to the governance and certification-scheme considerations addressed by EmpCo:
Stakeholder-informed development
Declare is developed through stakeholder consultation. Living Future’s Material Health Technical Advisory Group supports the ongoing development and implementation of the program and includes manufacturers, designers and specifiers, NGOs, technical experts, and other relevant stakeholders. Major program revisions are posted for public review and comment when applicable. Living Future retains responsibility for final program decisions. Living Future’s Materials Program Development Process can be found here.
Publicly documented criteria
Declare program requirements, eligibility criteria, designation criteria, and conformity assessment requirements are publicly documented and available to stakeholders in the Declare 2.1 Program Manual.
Publicly accessible product information
Declare makes product information supporting a label publicly available through the Declare Database, including the disclosed product information and applicable designation or status based on screening against the Living Building Challenge Red List.
Open and non-discriminatory participation
Declare is a voluntary program open to manufacturers that are willing and able to meet the applicable program requirements. Program requirements and participation terms are publicly available.
Separation of roles and independent verification
Declare 2.1 clearly distinguishes between the responsibilities of manufacturers, preparers, third-party verifiers, and Living Future program staff.
- Manufacturers or their external preparers provide product information
- External preparers may assist manufacturers, but do not evaluate conformity with Declare requirements
- Third-party verifiers independently evaluate conformity and are separate legal entities from both Living Future, as the Declare program owner, and the manufacturer.
- Living Future owns and administers the program and makes publication and designation decisions.
Third-party verifiers must maintain documented procedures and operational practices addressing impartiality, confidentiality, personnel competence, documented evaluation methods, records management, conflicts of interest, and complaints and appeals. You can find the Third-Party Verifier qualifications in Declare 2.1 at this link.
Accountability and ongoing oversight
Declare includes mechanisms for addressing complaints, appeals, and identified nonconformities, including a formal clarification request process for correcting, suspending, or withdrawing a label when applicable. This provides a means for stakeholders to challenge or seek review of program decisions. Labels have defined expiration and renewal requirements, and the program maintains records and processes for responding to changes in program requirements and product information.
Living Future continues to strengthen the policies, procedures, and management systems supporting this framework as the Declare program evolves.
ABOUT US
The International Living Future Institute (Living Future) is a non-profit organization whose mission is to catalyze the transformation toward communities that are culturally rich, socially just and ecologically restorative. Living Future’s flagship program is the Living Building Challenge, an ambitious and holistic performance standard for resilient, healthy, and green buildings. Living Future offers other certifications, transparency labels, education, and events that enable organizations and individuals to communicate their commitment to a healthier world.
The Declare program is getting ready to celebrate its 15th year in operation, and includes over 440 manufacturers from around the world.
IMPORTANT NOTE
This document is intended to provide general information about the Declare program and its relationship to emerging environmental marketing requirements. It is not legal advice and does not determine whether a particular product claim or marketing communication complies with EmpCo or other applicable laws. Manufacturers and other organizations making environmental claims should seek appropriate legal or regulatory advice regarding their specific circumstances.