If terms such as ‘eco-friendly’, ‘green’, ‘nature-friendly’ or ‘zero emissions’ appear on your company’s packaging or website, they could currently be a marketing asset. From 27 September 2026, those same terms could cost you up to 10 million euros or 4 per cent of your annual turnover.
Europe has said no to misleading environmental claims. With the introduction of EU Directive 2024/825 and its transposition into Italian law via Legislative Decree 30/2026, Italian companies are facing a paradigm shift. Moving away from a system based on self-reporting, with general rules and communications often lacking objective evidence, management is now characterised by transparency and accountability. It is essential for companies to understand how to protect themselves from reputational and financial risks.
What does ‘greenwashing’ mean in the new legislation?
Greenwashing is now defined as an unfair or misleading commercial practice that involves making generic environmental claims (such as ‘biodegradable’ or ‘eco-friendly’) without being able to demonstrate relevant environmental excellence (e.g. EU Ecolabel certification) or without the backing of an independent sustainability labelling certification scheme.
Any statement, whether written, audio, graphic or contained in the company or product name, must be rigorously substantiated with transparent and precise evidence, thereby protecting consumers from being misled.
The Directive and its transposition into Italian law
EU Directive 2024/825 and Legislative Decree No. 30 of 20 February 2026 do not merely offer ‘recommendations’, but mark the end of the era of generic environmental claims. Transparency is no longer an ethical choice, but a strict compliance requirement:
- For the entrepreneur, because an operational risk arises. A claim not substantiated by a recognised certification scheme for sustainability labels will result in the immediate withdrawal of products from the market and fines proportional to turnover for unfair commercial practices.
- For the investor, because financial risks arise. The EBA (European Banking Authority) and ESMA (European Securities and Markets Authority) are clear: greenwashing has a direct impact on ESG ratings and, as highlighted in the Bank of Italy’s Working Papers, can significantly alter the cost of credit.
It is not a question of ceasing to communicate sustainability (and thereby falling into the practice of greenhushing), but of doing so through recognised excellence, with integrity, transparency and the correct tools. Every green claim must be supported by scientific evidence and detailed implementation plans for future climate targets.
Protecting Genuine Sustainability Claims
The legislation identifies two critical areas which, if not managed correctly, result in immediate inclusion on the blacklist of prohibited commercial practices.
Misleading Commercial Practices
A practice is considered misleading when it induces the consumer to make a purchasing decision that they would not otherwise have made, through:
- Azione: fornisce informazioni false o presentate in modo da trarre in inganno su caratteristiche ambientali o sociali del prodotto.
- Omissione: nasconde informazioni rilevanti o presentate in modo oscuro e intempestivo.
- Misleading actions: Providing false information or presenting information in a way that deceives consumers about the environmental or social characteristics of a product.
- Misleading omissions: Concealing material information or presenting it in an unclear, ambiguous or untimely manner.
Planned Obsolescence
The legislation reinforces a fundamental principle of the circular economy by prohibiting business strategies designed to artificially limit the useful life of products. Companies must now pay particular attention to:
- Limiting functionalities: Introducing features that reduce a product’s lifespan or prevent its repair is prohibited.
- Repairability transparency: It is not enough for a product to be durable; consumers must be clearly informed about the availability of spare parts and the ease of repair.
- Software updates: In the technology sector, it is prohibited to encourage consumers to replace products due to software updates that slow performance or impair usability without a genuine technical necessity.
How to Avoid Greenwashing: An Action Plan
Good intentions alone are not enough to communicate effectively. It is necessary to:
1. Eliminate generic environmental claimsThe first practical step is to overhaul existing communications. Terms such as ‘environmentally friendly’, ‘natural’ or ‘sustainable’ without supporting technical specifications are now classified as generic environmental claims.
Any claim seeking to ‘greenwash’ itself must be verified by an accredited conformity assessment body. Sustainability thus shifts from a marketing cost to a certified corporate asset, protecting the brand from claims for compensation and reputational damage that could jeopardise access to bank credit.
The ‘homemade label’ has officially been consigned to history. To be valid, sustainability labels must be based on a certification system for sustainability labels managed by independent third parties and underpinned by transparent and verified procedures.
Using recognised certifications such as the EU Ecolabel or EPD reduces legal risk and improves scores in due diligence processes, whilst also simplifying ESG risk assessments.
3. Draw up a detailed implementation plan for future climate objectives, with measurable and verifiable interim targets.
If a company wishes to declare that it will become ‘net-zero by 2040’ or that it intends to reduce its emissions by 50 per cent, it is now required to back up this commitment with a detailed implementation plan.
A simple announcement is no longer sufficient. The regulatory authority will verify the presence of:
- Measurable interim targets: clear objectives set on an annual or biennial basis
- Allocation of resources, demonstrating the allocation of budgets and technologies to achieve the objectives
- Ongoing monitoring via a reporting system that allows progress to be tracked.
4. Use of technologies and tools to support communication
Transparency towards consumers also depends on the means used to convey information. The new regulatory framework requires adjustments not only to the content, but also to the visual and digital tools used for communication. The information must be comprehensive and clearly visible at the first click, when the cursor is moved, or when the QR code is scanned.
In terms of internal governance, secure communication requires the use of diagnostic tools to systematically map all environmental claims disseminated through the various physical and digital touchpoints (from packaging to websites and e-commerce platforms). A centralised approach ensures that every claim made – even indirectly via suppliers – is consistent, verified and monitored over time.
Is your company ready for the ‘Maturity Test’ on greenwashing?
Directive 2024/825 marks the end of ‘greenwashing’. 27 September 2026 is the date on which the market will begin to distinguish between transparent companies and those that are vulnerable.
Greenwashing is no longer a “communication error”, but an operational risk that directly impacts the cost of capital and investor confidence. Eliminating the background noise of generic claims allows truly outstanding companies to stand out, protected by a legal framework that finally prioritises scientific evidence over creative storytelling.
Is your communication strategy ready for the test? Or are you flying by the seat of your pants in a sea of legal risks? Operating and communicating during this transition requires professional diligence that goes beyond simply updating labels.
The Consultancy and Communication team at Green Future Project Group can help you assess your environmental claims and redefine your marketing strategies.
Articolo redatto da Miriam Dri, Legal and Administrative Advisor di Baker Tilly Hidra Sb parte di Green Future Project Group.