New rules against greenwashing and product obsolescence

Legislative Decree 30/2026 20 introduces into the Italia legal system a more stringent discipline to counteract the phenomenon of greenwashing, implementing EU Directive 2024/825 on consumer empowerment in the green transition. The decree has been in force since 24 March, but becomes operational from 27 September 2026, to allow businesses to familiarise themselves with the new rules.

It is part of the framework of European policies to consumer protection and the promotion of sustainable consumption models, affecting the discipline of unfair commercial practices laid down in the Consumer Code (Legislative Decree 206/2005). Heavily affected is Part II of that Code, dedicated to consumer information, commercial practices and advertising, where new definitions are introduced and the catalogue of misleading practices related to environmental claims is expanded.

A first innovation concerns the introduction, within Article 18 of the Consumer Code, of new definitions that are relevant for the application of the discipline on unfair commercial practices. In particular, the notions of environmental claim, generic environmental claim, sustainability label and certification system are introduced, which clarify the perimeter of commercial communications relating to the environmental performance of products, distinguishing between verifiable information and generic statements likely to mislead the consumer. An environmental claim is defined as any non-mandatory message or representation in any form (including trademarks) that states or implies that a product, category or brand or economic operator "has a positive or zero impact on the environment or is less harmful" than others, or "has improved its impact" over time.

The decree also amends Articles 21 and 22 of the Consumer Code, relating to misleading acts and omissions, and it is expressly provided that it is a misleading commercial practice to communicate information, including environmental information, that is unfounded and that induces in the consumer a commercial decision 'that he would not have taken otherwise'. Article 22 is supplemented by the provision that the omission or lack of clarity of information on the environmental impact of a product may constitute an unfair commercial practice if a company, in order to inform the consumer about environmental, social or circularity characteristics, compares different products but does not explain how the comparison was made and whether it is up-to-date.

The revision of Article 23 of the Consumer Code expands the list of commercial practices 'considered deceptive in all cases' (black list) such as displaying a sustainability label not based on a certification scheme, or making generic environmental claims (e.g. 'environmentally friendly') without verifiable evidence.