The Milan Court of Appeal, in a decree dated 4 March 2026, held that the claim “this company complies with high standards of positive environmental and social impact”, displayed on the website of a well-known company, was not misleading under Article 21 of the Italian Consumer Code. The Court found that the statement merely explains the meaning of the Certified B Corporation label—whose use had already been deemed lawful at first instance—and that it was accompanied by an explanatory note clarifying the private nature of the certification and the process through which it is obtained.

The case originated from an action brought by a well-known consumer association seeking to prohibit the company from using several claims concerning environmental sustainability, as well as the Certified B Corporation and B Corp marks.

The Court of first instance had held, on the one hand, that certain claims used by the company—including the above-mentioned one—constituted misleading commercial practices under Article 21 of the Consumer Code; on the other hand, it considered the use of the Certified B Corporation and B Corp marks to be lawful, as they are individual trademarks registered for classes relating to business consultancy services provided by the trademark owner. For this reason, they cannot in themselves “mislead the public as to the nature, quality or geographical origin of the product.”

Following the company’s appeal, the Court of Appeal held that the statement “this company complies with high standards of positive environmental and social impact” is not misleading under Article 21 of the Consumer Code, as it merely clarifies the meaning of the Certified B Corporation mark, next to which it appears on the company’s website. The Court also noted that allowing the use of the mark while simultaneously prohibiting a claim explaining its meaning would effectively deprive the mark of its content. Moreover, the Court observed that a different interpretation would risk indirectly anticipating the application of Directive (EU) 2024/825 on the green transition, whose provisions will apply only from 27 September 2026.