From 27 September 2026, businesses communicating sustainability claims to consumers will face a much stricter regulatory framework. With the transposition of Directive (EU) 2024/825 via Legislative Decree No. 30/2026, European and national legislators have in fact decided to raise the bar significantly in the fight against greenwashing, introducing new rules designed to have a direct impact on marketing strategies, packaging and, more generally, any environmental communication aimed at the public. Given that sustainability has now become a decisive factor in purchasing decisions, the aim of the reform is to enable consumers to distinguish between companies genuinely committed to the ecological transition and those that merely use evocative but opaque environmental messaging. The new definitions regarding green claims One of the most significant developments concerns the introduction into the Consumer Code (Legislative Decree No. 206 of 2005) – the key legislation for consumer protection – of more effective tools to combat misleading commercial practices, as well as of new provisions specifically targeting environmental claims. The term ‘claim’ refers to any statement or message used by a business to communicate to consumers specific characteristics, qualities or benefits of a product or service. For the first time, new specific definitions dedicated to so-called ‘green claims’ have been introduced, and in particular concepts such as ‘environmental assertion’, ‘generic environmental assertion’, ‘sustainability label’ and ‘certification scheme’ (Article 18 of the Consumer Code). These amendments may appear to be purely terminological in nature, but in reality they represent the starting point for a much more rigorous regulatory framework. The aim is, in fact, to prevent terms such as ‘eco’, ‘green’, ‘sustainable’ or ‘environmentally friendly’ – which we are accustomed to seeing on the packaging of the products we buy every day – from being used as mere commercial slogans without any real informative content. Through these definitions, the scope of environmental communications – so-called ‘green claims’ – is delineated with greater precision, removing them from promotional contexts and imposing increasingly stringent criteria regarding transparency and verifiability. Changes regarding misleading commercial practices The reform also amends Articles 21 and 22 of the Consumer Code, which govern misleading actions and omissions respectively. Environmental characteristics now constitute one of the elements in relation to which a commercial communication may be deemed misleading. The legislation pays particular attention to statements concerning future objectives: it will no longer be sufficient to announce future sustainability pathways, emissions reductions or climate neutrality strategies without a concrete plan to back them up. Businesses must be able to demonstrate that these objectives are part of realistic programmes, accompanied by measurable parameters, precise deadlines and independent verification. Comparative claims are subjective to more transparency requirement. Anyone comparing the environmental performance of their products with that of competitors must make it clear to consumers how the comparison was carried out and on what criteria it is based. Advertising benefits to consumers based on irrelevant factors that do not stem from the characteristics of the product or the company is defined as misleading. The blacklist is growing: what is now prohibited The most significant provision of the reform, however, is found in Article 23 of the Consumer Code, which contains the so-called ‘blacklist’ of commercial practices deemed unfair in all circumstances. Among the new prohibited practices are: The new regulatory framework applies to all commercial communications directed at consumers and to all forms of sustainability claims and sustainability labels. The legislator targets not only claims that are misleading in themselves, but also those which, whilst not openly false, are generic, lack transparency or are likely to create a distorted perception of the product’s origin and composition. No general transitional period One of the main questions for businesses concerned the handling of products already packaged or placed on the market before the new rules came into force. On this point, the European Commission’s FAQs, the CPC’s Common Understanding and the subsequent circular from the MIMIT (Ministry of Enterprise and Made in Italy) have clarified that there is no general transitional period. The new rules apply immediately. The authorities may, however, adopt a pragmatic approach in so-called ‘old stock’ situations, assessing on a case-by-case basis whether there are genuine difficulties in complying. In any event, the MIMIT has indicated, for existing durable goods, a guideline period of six months for updating packaging, without prejudice to the obligation for businesses to take immediate action to comply with the new regulations. Conclusions The Empowering Consumers Directive does not merely introduce new rules on environmental marketing, but defines more precisely the scope within which businesses may legitimately communicate the sustainability of their products and services. From today, in fact, sustainability can no longer be communicated through generic phrases or evocative symbols that are difficult to verify. Every claim must be precise and substantiated. Under the new framework set out by the European legislator, sustainability ceases to be a mere marketing tool and becomes a claim that must be proven. Therefore, for businesses, the real challenge will not be to claim to be sustainable, but to prove it.
2026 - Morri Rossetti
