12
March
HEALTHCARE
Greenwashing: implementing decree of Directive (EU) 2024/825 published in the Italian Official Gazette
12/03/2026, Milano
On 9 March 2026, Legislative Decree No. 30 of 20
February 2026 was published in the Italian Official Gazette, entitled “Implementation
of Directive (EU) 2024/825 of the European Parliament and of the Council of 28
February 2024 amending Directives 2005/29/EC and 2011/83/EU as regards
empowering consumers for the green transition through better protection against
unfair practices and better information”. The decree will enter into force
on 24 March 2026.
The decree amends the Italian Consumer Code
(Legislative Decree No. 206/2005), introducing changes both to the rules on
unfair commercial practices and to information obligations in consumer
relationships. In particular, the following developments should be noted:
- article 18 of the Consumer Code introduces new
definitions, including those of “environmental claim”, “generic
environmental claim”, “sustainability label” and “certification
scheme”. In particular, a “certification scheme” must meet a
specific list of criteria, including that “monitoring of the economic
operator’s compliance with the requirements of the scheme is carried out
through an objective procedure by a third party whose competence and
independence—both from the scheme owner and from the economic operator—are
based on international, European Union or national standards and procedures”.
The decree also introduces the definition of “recognised excellent environmental
performance”, defined as “environmental performance compliant with
Regulation (EC) No. 66/2010 of the European Parliament and of the Council of 25
November 2009 (EU Ecolabel), with a national or regional Type I eco-labelling
scheme in accordance with EN ISO 14024 officially recognised in the Member
States, or with the best environmental performance under other applicable
provisions of EU law”;
- article 21 of the Consumer Code introduces two
additional forms of misleading actions: making an environmental claim relating
to future environmental performance without including clear, objective,
verifiable and publicly available commitments; and advertising as consumer
benefits elements that are irrelevant and do not derive from the
characteristics of the product or the undertaking;
- article 23 of the Consumer Code lists additional
unfair commercial practices that are prohibited, including displaying a
sustainability label that is not based on a certification scheme or established
by public authorities, and making a generic environmental claim where the
trader cannot demonstrate recognised excellent environmental performance
relevant to the claim;
- new pre-contractual information obligations are
introduced for businesses regarding product durability and reparability,
including the obligation to provide consumers, before the conclusion of the
contract, with a reminder of the existence of the legal guarantee of conformity
and, where available, information on the existence and duration of a commercial
durability guarantee;
- the reminder regarding the legal guarantee of
conformity for goods and the information on any commercial durability guarantee
must be provided through, respectively, a harmonised notice (Annex II-octies,
Part 1 of the decree) and a harmonised label (Annex II-octies, Part 2).
The new provisions will apply from 27 September
2026.