Environmental claims and greenwashing after 27 September 2026

Directive (EU) 2024/825 on empowering consumers for the green transition through better protection against unfair practices and through better information (ECGTD) was adopted in February 2024. It amends both Directive 2005/29/EC on unfair commercial practices (UCPD) and Directive 2011/83/EU on consumer rights. Its objective is to enable consumers to make more informed purchasing decisions, contribute to sustainable consumption patterns, and support the transition towards a greener economy.

To this end, the Directive establishes safeguards aimed at regulating environmental claims and sustainability labels. Specifically, it introduces new unfair commercial practices by expanding the existing blacklist of commercial practices prohibited in all circumstances under Annex I to the UCPD. These include:

Displaying a sustainability label that is not based on a recognised certification scheme;
Making an environmental claim concerning an entire product or business, where it relates only to a specific aspect or activity;
Making a generic environmental claim without being able to demonstrate recognised related excellent environmental performance.

The new rules will apply from 27 September 2026. By that date, traders operating in the EU market must ensure that environmental claims and sustainability labels comply with the applicable requirements.

Generic environmental claims prohibition

Under the Directive, an environmental claim is defined as any representation that states or implies that a product, category, brand or trader has a positive or zero environmental impact, is less harmful to the environment than comparable products, or has improved its impact over time.

The definition is not limited to express statements. It also covers implicit environmental messages conveyed through the use and combination of symbols, colours, images, or other visual elements. Product or brand names that may lead the average consumer to expect an environmental benefit may likewise qualify as environmental claims and, consequently, fall within the scope of the legislation.

A key aspect of the ECGTD is the introduction of a prohibition of generic environmental claims, unless the trader is able to demonstrate recognised excellent environmental performance. Examples of claims that may be considered generic include: “environmentally friendly”, “green”, “ecological”, “biodegradable”.

Recognised excellent environmental performance can be demonstrated by compliance with specific Union laws, and with applicable national or regional EN ISO standards.

A claim may not be regarded as generic where relevant specifications are clearly and prominently explained on the same medium. Such specific information may appear directly on the product packaging, website, advertisement, or other communication where the claim is presented.

Compliance requirements for existing products

The new rules envisioned by the ECGT Directive will not only apply to new products placed on the market, but also to existing products and ‘old stock’ situations: all products or packaging already manufactured, ordered, distributed or placed on retailers’ shelves before 27 September 2026.

Recognising the practical challenges associated with updating products already within the distribution chain, the Consumer Protection Cooperation (CPC) Network has issued a Common Understanding document regarding the enforcement of the ECGT rules in old stock situations. Corrective measures that traders may implement to ensure compliance include:

Removing or correcting claims appearing online;
Using stickers or similar relabelling solutions
Updating advertising and promotional materials;
Adapting future packaging designs and new orders;
Displaying corrective information at physical or online points of sale.

Although old stock products are not exempt from ECGT requirements, competent authorities may adopt a phased and proportionate approach to enforcement during the initial stages of the Directive’s application. Businesses are nevertheless expected to take all reasonable measures to achieve compliance by 27 September 2026.

Do you have questions regarding cosmetic products compliance or market access? Contact us here or at coslaw@obelis.net!