Italy recently implemented Directive EU 2024/825 of the European Parliament and of the Council of 28 February 2024 (the “Empowering Consumers Directive”), which amends Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and through better information. Implementation was carried out through Legislative Decree No. 30/2026, which amends the relevant provisions of the Italian Consumer Code’s governing provisions on unfair commercial practices and consumer information.
Although Legislative Decree No. 30/2026 applies to Italy, the underlying rules derive from an EU-wide reform that will become applicable across all Member States from Sept. 27, 2026. For consumer products companies, retailers, and manufacturers operating in multiple EU markets, the Italian implementation offers a preview of the compliance considerations that will soon arise throughout the European Union.
The new framework is designed to address misleading sustainability and product-related claims. It will affect a broad range of consumer-directed communications, including advertising campaigns, websites, social media content, product packaging, labels, trademarks, sustainability seals, and online marketplace listings.
Key Changes to the List of Prohibited Commercial Practices
Among the most significant developments, the legislation expands the list of commercial practices deemed misleading in all circumstances. Under the new framework, businesses will no longer be permitted to:
- use sustainability labels that are not based on recognized certification schemes or established by public authorities;
- make generic environmental claims without demonstrating recognized environmental performance;
- make environmental claims about an entire product when those claims relate only to a specific aspect of the product;
- present legal requirements applicable to all products within a category as a distinctive feature of their own offering; or
- claim that a product has a neutral, reduced, or positive environmental impact based solely on carbon-offsetting schemes.
In addition, environmental claims concerning future environmental performance – for example, carbon neutrality or recyclability targets – may be considered misleading unless supported by clear, objective, publicly available, measurable, and independently verifiable implementation plans.
Scope Beyond Environmental Claims
Although significant attention has been directed at greenwashing, the new rules extend beyond environmental marketing. The Directive also introduces requirements related to product durability, reparability, and disclosure of information relevant to premature obsolescence. These additions reflect a broader legislative intent to support more informed consumer purchasing decisions.
Compliance Considerations for the Period Leading to September 2026
For businesses targeting EU consumers, the period leading up to Sept. 27, 2026, presents an opportunity to review existing communications and claims practices. Areas that may warrant review include advertising campaigns, website and e-commerce content, social media communications, influencer marketing activities, product labels and packaging, sustainability seals, and other consumer-facing statements – particularly where environmental or sustainability-related claims are made.
Regulatory Exposure in Italy
Non-compliance may result in significant regulatory scrutiny. In Italy, misleading environmental claims may give rise to investigations by the Italian Competition Authority (AGCM), which has the authority to impose fines of up to EUR 10 million or, in certain cross-border cases, up to 4% of annual turnover. Businesses may also face competitor claims under unfair competition laws, consumer class actions, and reputational consequences.
Looking Ahead
As regulatory scrutiny of environmental and sustainability claims continues to develop across Europe, the period before September 2026 provides time for businesses to assess the alignment of their consumer communications with the requirements of the new framework.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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