The European Union has released Directive 825/2024, unveiling a blacklist targeting deceptive environmental marketing practices, aiming to curb the rampant use of misleading labels and what's known as "greenwashing". As a result, any adoption of behaviors outlined in this blacklist by companies or professionals will be prosecuted. This list equips Member States with the means to pinpoint deceptive commercial tactics employed by businesses to promote their products or manufacturing processes, often exaggerating or only partially representing their environmental attributes.
Following the approval of the new regulations about product labeling and associated terminologies, designed to protect the purchasing decisions of end consumers (for further reading, see also: "The EU takes action against greenwashing: new rules to prohibit generic labels on eco-friendly products approved"), the EU has compiled a list of commercial practices deemed deceptive, meaning they are likely to mislead consumers.
Deceptive commercial practices included in the blacklist
As per the list compiled by the EU, any use of a sustainability label lacking confirmation from a certification system or endorsement by public authorities will be deemed as greenwashing. This restriction applies equally to unverified voluntary labels and those not sanctioned by either the EU or individual Member States. In contrast, employing the "Ecolabel" mark, established by the EU to certify the ecological integrity of a product or service, or the "Made Green in Italy" mark, instituted by Italy to advocate for sustainable production and consumption models, is permissible.
Using environmental assertions lacking concrete evidence will be regarded as a deceptive commercial practice. This pertains, for instance, to vague assertions like "green", "ecological", "eco-friendly", and "environmentally friendly". To convey such information, one must demonstrate their alignment with legally recognized environmental quality standards.
Also, certain environmental claims regarding the entire product, but which are only partially accurate (related to a specific aspect of a product or manufacturing processes), fall under the blacklist. For instance, generic statements such as "made with recycled material" or "from renewable sources" cannot be included if they only apply to a portion of the product or production process, as they may provide a distorted view of the environmental impact.
Furthermore, presenting compliance with legal requirements as a product benefit, such as declaring the absence of a chemical substance already prohibited by law, is deemed unfair practice.
Hence, the new EU directive not only revises the list of unfair commercial practices but also broadens the illustrative examples of actions that could hide deceptive practices. This encompasses, as discussed, misleading statements regarding environmental attributes and recyclability of products, as well as promoting irrelevant benefits, like the absence of plastic in paper sheets.
Implementation of the new regulations
The EU Directive on Greenwashing has been endorsed by the EU Council and published in the Official Journal, coming into force as of March 26, 2024. Member States, with assistance from the list of illicit environmental marketing cases, are required to identify, adopt, and publish the necessary measures to adhere to the new regulations by March 27, 2026, and enforce them from September 27 of the same year.