Abstract
The new rules against greenwashing concern commercial communications aimed at consumers and have applied in Italy since 27 September 2026. Legislative Decree No. 30/2026, which transposes EU Directive 2024/825 (EmpCo), introduces specific prohibitions on environmental claims and sustainability labels. This article examines which statements need to be reviewed, what evidence and certifications are required, and how to manage existing products, packaging and labels, in light of the clarifications issued by the Italian Ministry of Enterprises and Made in Italy (MIMIT).
Which businesses and communications are affected?
A product described as “eco-friendly”, packaging advertised as having “zero environmental impact”, or a company presenting itself as “sustainable”: these are all messages that can influence customers’ purchasing decisions. When they attribute environmental benefits that do not exist or present them in a misleading way, this constitutes greenwashing.
Since 27 September 2026, the provisions of Legislative Decree No. 30 of 20 February 2026, which transposed EU Directive 2024/825, known as EmpCo, into Italian law, have applied. The new rules clarify and expand the prohibitions relating to environmental communications by amending the Italian Consumer Code.
The provisions concern the promotion and sale of goods and services to consumers. Small businesses must also review their communications: these checks apply to shops, small-scale manufacturers and online sellers, as well as large companies.
The central concept is that of an environmental claim, commonly referred to as a green claim. Article 18(1)(n-quater) of the Italian Consumer Code covers voluntary commercial messages that attribute an environmental benefit, even implicitly, to a product, brand or business. Names, logos, images and symbols can also convey an environmental promise. It is therefore necessary to examine packaging, labels, catalogues, websites, social media and materials displayed at points of sale.
In business-to-business relationships, the rules on misleading advertising set out in Articles 1–3 of Legislative Decree No. 145/2007 remain relevant. A technical data sheet intended for distributors and an advertisement aimed at consumers therefore require assessments that take their respective audiences into account.
It is also important to consider how information from sustainability reports is reused. If a company uses data from mandatory sustainability reporting to promote a product, that commercial message must be assessed in its new context. For example, a reduction in emissions relating to a single production facility cannot be presented as an improvement across the company’s entire production.
Which environmental claims need to be reviewed?
The first statements to examine are generic environmental claims, such as “eco-friendly” or “environmentally friendly”. Where no clear and prominent specification is provided in the same advertisement, on the packaging or on the sales page, these expressions are prohibited if the business cannot demonstrate the “recognised excellent environmental performance” relevant to the claim. This is provided for by Article 23(1)(d-bis) of the Italian Consumer Code. The next section explains which forms of recognition satisfy this requirement.
A second check concerns the scope of the claimed benefit. If only the packaging is recycled, presenting the entire product as “made from recycled material” may attribute a characteristic to the product that it does not possess. The same issue arises when a limited initiative is described as an environmental characteristic of the entire business: this is the practice prohibited under point d-ter).
Sustainability badges and labels must also be reviewed. To be displayed, they must be based on a certification scheme that complies with the legal requirements or be established by public authorities. A badge created by a company to independently certify the sustainability of its own products does not meet these conditions. The rule also applies to labels referring to social characteristics (Article 23, point b-bis).
A specific prohibition concerns climate-related claims based on carbon offsetting. A product cannot be presented as climate-neutral or as having a reduced climate impact on the basis of purchased carbon credits. It remains possible to communicate the funding of environmental projects accurately, without attributing benefits derived from offsetting to the product itself (Article 23, point d-quater).
Messages presenting a legal obligation as an exclusive advantage of an offer are also prohibited where the requirement applies to all products in the same category on the European Union market (Article 23, point l-bis).
Finally, businesses must review promises of future environmental performance. A publicly advertised target must be supported by public and verifiable commitments, a realistic plan, measurable results, deadlines and resources, together with periodic independent verification and findings made available to consumers. Article 21(2)(b-ter) of the Italian Consumer Code also requires an assessment of whether such communications are capable of influencing consumers’ transactional decisions.
What evidence and certifications are required?
The evidence must relate precisely to the benefit being claimed. For example, a business stating that its packaging contains 70% recycled material must be able to substantiate that percentage, specifying which component it refers to and how it was calculated. If the message claims an improvement compared with the past, the previous product must be identified and data obtained under comparable conditions must be assessed.
Certifications must also be examined in terms of their scope: which product or process they cover, which characteristics they certify and how long they remain valid. For example, a certification relating to the environmental management of a production facility does not demonstrate that every product manufactured there is recyclable or has a reduced environmental impact.
For the generic environmental claims discussed in the previous section, the law requires “recognised excellent environmental performance” relevant to the message. Article 18(1)(n-octies) of the Italian Consumer Code identifies three possibilities: compliance with the requirements of the EU Ecolabel; a national or regional Type I ecolabelling scheme, compliant with EN ISO 14024 and officially recognised; or top environmental performance under other applicable EU legislation. The recognition must cover the entire claim being made: for example, certification of energy efficiency does not justify a claim of biodegradability.
For private sustainability labels, the system governing their use must also be examined. Article 18, point n-septies), requires publicly accessible conditions, requirements developed in consultation with experts and stakeholders, independent monitoring and procedures for suspending or withdrawing the label in cases of non-compliance.
The case of plastic bottles illustrates the importance of how accurate information is presented. On 22 October 2026, the European Commission announced commitments made by Coca-Cola, Nestlé and Danone, undertaken as part of coordinated action by European consumer protection authorities. For claims concerning recycled plastic content, the commitments require the exclusion of caps and labels to be specified next to the claim, using characters of the same size.
Under point (b) of Coca-Cola’s commitments, the clarification is incorporated directly into the statement about recycled material. For those preparing product labels, the review must therefore cover both the evidence supporting the stated percentage and the visibility of any components excluded from the calculation.
How should existing products and packaging be managed?
A business may have stocks of pre-packaged products, printed labels and purchased packaging bearing environmental claims that need to be corrected. To identify the possible measures, it is necessary to establish when the materials were produced or purchased and what quantities remain to be used.
The MIMIT FAQs updated on 1 October 2026, Section C, Answer 3, allow products manufactured or packaged before 27 September 2026 to be marketed, even if they are placed on the market after that date. The business must be able to demonstrate that the products were manufactured or packaged before the deadline and take all reasonable and proportionate measures to remove or correct non-compliant information.
Packaging and labels produced or purchased before 27 September 2026 may also fall within the arrangements for managing existing stocks. Answer 4 of the FAQs refers to an indicative period of six months for using up existing products, in accordance with the guidance provided in the circular of 27 August 2026. Their continued use must nevertheless be accompanied by the measures necessary to ensure that consumers are properly informed: this indicative period does not postpone the application of the new rules.
The suggested solutions include corrective stickers, removal of labels and supplementary information at points of sale, including online. The measure adopted must be appropriate to the claim and clearly visible to customers. For example, a clarification displayed on a shelf must make it possible to identify the products to which it relates.
The Common Understanding published on 30 June 2026 by the European network of consumer protection authorities proposes a proportionate approach that takes account of the practical difficulties faced by businesses. Authorities may consider stock volumes, previous orders, production cycles, product lifespans and the feasibility of making corrections. These are non-binding guidelines, leaving the assessment of individual cases to the competent authorities and courts.
From a practical standpoint, businesses should retain orders, invoices, batch records, details of remaining quantities and evidence of the corrective measures taken, including communications with distributors and retailers. Websites, product descriptions and digital advertising campaigns should be updated promptly: online messages do not present the same practical difficulties as already printed packaging and are expressly identified as potential enforcement priorities.
Reviewed by: Margherita Manca
Publication date: 6 November 2026
© Canella Camaiora S.t.A. S.r.l. - All rights reserved.
Textual reproduction of the article is permitted, even for commercial purposes, within the limit of 15% of its entirety, provided that the source is clearly indicated. In the case of online reproduction, a link to the original article must be included. Unauthorised reproduction or paraphrasing without indication of source will be prosecuted.
Arlo Canella
Managing Partner dello studio legale Canella Camaiora, iscritto all’Ordine degli Avvocati di Milano, appassionato di Branding, Comunicazione e Design.