Greenwashing: from sustainability claims to compliance evidence
In recent years, “being green” has become a powerful marketing tool. Consumers increasingly reward brands that appear sustainable, and companies are keen to communicate their environmental commitments. But the regulatory environment has changed, it is no longer enough to say that a product, brand or business is sustainable, companies must be able to prove it.
The European Commission has found that many environmental claims on the market are vague, misleading or unsupported by evidence, undermining consumer trust and penalising businesses that genuinely invest in sustainability. Against this background, Directive (EU) 2024/825 and its Italian implementation, Legislative Decree No. 30/2026, have strengthened the rules against unfair commercial practices, particularly greenwashing, misleading sustainability labels and unsubstantiated environmental claims. The decree amended the Italian Consumer Code and entered into force on 24 March 2026, although the new provisions will apply from 27 September 2026.
A broader concept of environmental claim
The amended Italian Consumer Code introduces new definitions, including “environmental claim”, “generic environmental claim”, “sustainability label”, “certification scheme”, “durability” and software updates for goods with digital elements.
This is important because the concept of environmental claim is broad, it may cover any non-mandatory commercial message or representation, including text, images, symbols, labels, brand names, company names or product names, where that message states or implies that a product, product category, brand or trader has a positive or zero environmental impact, is less damaging to the environment, or has improved its impact over time.
As a result, compliance will not involve only express statements such as “green”, “eco-friendly” or “climate neutral”. The overall presentation of a product, including packaging, colours, imagery, advertising, websites, e-commerce pages, social media campaigns and point-of-sale materials, may also be relevant if it creates an environmental impression for consumers.
What will become high-risk
Certain practices will be prohibited in all circumstances once the new provisions become applicable. The amended Italian Consumer Code expands the list of practices that may be misleading or prohibited in all circumstances. Generic environmental claims, such as “green”, “eco-friendly” or “biodegradable”, may be risky and unlawful where they are not properly specified or where the trader cannot demonstrate recognised excellent environmental performance relevant to the claim.
Sustainability labels will also require close scrutiny. They may only be displayed if they are established by public authorities or based on a qualifying certification scheme, with public requirements and independent third-party verification. Self-created icons, badges or “green seals” used for marketing purposes will therefore need to be carefully reviewed.
Climate-related claims are another key area. Businesses will no longer be allowed to claim, on the basis of greenhouse gas offsetting, that a product has a neutral, reduced or positive environmental impact in terms of greenhouse gas emissions. Carbon credits and environmental projects may still be communicated, but not in a way that suggests that the product itself has no climate impact if this is not based on its actual lifecycle impact.
The rules also target selective communication, for example businesses should not present an environmental benefit as relating to the whole product or to the trader’s entire activity where it actually concerns only one specific aspect.
Finally, forward-looking claims, such as net-zero or climate-neutrality targets, must be supported by clear, objective, publicly available and verifiable commitments, included in a detailed and realistic implementation plan and periodically verified by an independent third-party expert.
From marketing review to compliance process
This is no longer just a communication issue, it is a risk management issue. Businesses should be prepared to substantiate every sustainability claim with evidence that is accurate, up to date and robust enough to withstand scrutiny from consumers, competitors and enforcement authorities.
Companies should therefore map their environmental and social claims across all channels, review the evidence behind them, check the reliability of labels and certifications.
The direction of travel is clear: sustainability communication is moving from marketing language to compliance evidence. In the new framework, “green” is no longer just a message. It is a claim that must be substantiated.