Green Claims: Italy implements the EU Directive and reshapes the rules of corporate environmental communication

With Legislative Decree No. 30 of 20 February 2026, in force as of 24 March 2026, Italy has implemented Directive (EU) 2024/825, also known as the “Green Claims Directive” (as we mentioned here), within the broader framework of the European Green Deal, aimed at strengthening consumer protection against unfair commercial practices related to environmental and sustainability issues.

The recent decree has amended the Consumer Code (Legislative Decree No. 206/2005), expanding the list of prohibited practices, strengthening the fight against greenwashing — understood as the use of misleading or unsubstantiated environmental claims — and introducing specific transparency obligations regarding product durability, repairability and environmental impact.

The measure is intended to promote informed consumer choices, improve the quality of information provided to consumers and support the transition towards a circular economy.

Key developments

Among the most relevant innovations are the following:

  • Definition and regulation of “green claims”: concepts such as “environmental claim”, “generic environmental claim” and “sustainability label” are introduced, with the aim of clearly delineating the scope of environmental communications.

  • Ban on generic or unsubstantiated claims: a “black list” of commercial practices deemed unfair in all circumstances is introduced, without the need for case-by-case assessment. Claims such as “eco-friendly”, “sustainable”, “green” or “environmentally friendly” are prohibited unless supported by verifiable and scientifically substantiated evidence. Moreover, it is prohibited to claim that a product is “carbon neutral” or has “zero impact” solely on the basis of emissions offsetting.

  • Regulation of sustainability labels: the use of labels or marks not based on recognised certification schemes or not established by public authorities is prohibited.

  • Enhanced transparency requirements: companies are required to provide clear, comparable and verifiable information on the environmental characteristics of products, including durability and repairability, prior to the conclusion of the contract, including in distance sales.

Sanctions and the role of the AGCM

Under the implementing decree, misleading environmental claims are expressly classified as unfair commercial practices. Consequently, the enforcement system already provided for under the Consumer Code applies, with the Italian Competition Authority (AGCM) being vested with the relevant injunctive and sanctioning powers also in relation to green claims.

In summary, the Authority may adopt the following measures:

  • Administrative fines: from EUR 5,000 up to EUR 10 million or, in the most serious cases (e.g. widespread or cross-border infringements), up to 4% of the undertaking’s annual turnover;

  • Injunctive orders and corrective measures;

  • Publication of the decision, as a measure of transparency and deterrence;

  • Penalties for non-compliance.

In addition to the administrative enforcement system, injunctive actions by consumers or consumer associations remain available and, in more serious cases, criminal liability may also arise (for example, in cases of fraud).

What should companies do?

Companies now have until 27 September 2026 to reassess the validity of their environmental claims and, where necessary, implement the required adjustments in order to comply with the new regulatory framework and avoid the sanctions outlined above. This transitional period may also represent an opportunity for more structured companies to rethink their strategies from a sustainability perspective, contributing to the development of a fairer market based on transparency and traceability.

 

Next
Next

The Unitary Patent and the Unified Patent Court: what is working, what is not, and what should come next