Green Claims Directive

Background to the Green Claims Directive

Today, it is difficult for consumers to navigate the many eco-labels on products and services. Some environmental claims are unreliable, and consumer confidence is low. Greenwashing—exaggerating or falsifying the environmental performance of a product or company—can mislead consumers.

The European Union (EU) is proposing a new directive to combat greenwashing and protect both consumers and the environment. This initiative aims to ensure more credible and verifiable eco-labels and claims, enabling consumers to make more informed choices and favoring companies that are genuinely committed to the ecological transition.

Objectives of the Green Claims Directive

In March 2023, the European Commission adopted a proposal for a directive on environmental claims. It complements the directive aimed at strengthening consumer protection in the ecological transition. France, in line with the project's objectives, has adopted a favorable position. The Green Claims directive aims to:

Making environmental claims reliable, comparable, and verifiable throughout the EU.
Regulate usage environmental labels and combat proliferation sustainability labels and logos and their lack of transparency/understanding/reliability.
Protect consumers against greenwashing.
Promoting an economy circular and green by helping consumers make informed choices.
Ensuring competition fair in terms of the environmental performance of products and companies.

Contents of the Green Claims Directive:

Main measures provided for in the Green Claims Directive:

The Green Claims Directive imposes new rules on companies that communicate about the sustainability and/or environmental impact of their products or services in order to limit greenwashing. It is based on the following principles:

Verification mandatory prerequisite for any environmental claim or labeling system by an independent and accredited body, acting impartially and with sufficient expertise and resources.
Scientific justification environmental claims, based on clear criteria and internationally recognized scientific approaches. This should put an end to scales and scorings internal, especially since the text provides for regulation of labels.
Implementation of new governance rules to ensure transparency, the credibility and the reliability eco-labels in addition to limiting their proliferation.

The proposal concerns explicit claims and statements, whether oral or written, made voluntarily by companies to consumers, when they relate to the environmental impacts of a product, service, or company, and are not already covered by other European rules.

Depending on the nature and complexity of the allegation, the cost of justification can vary considerably.

Examples of allegations concerned:

The proposed directive sets out a number of specific requirements for environmental claims and prohibits generic environmental claims that are not based on recognized excellent environmental performance relevant to the claim. These generic environmental claims are, for example, «respectful from the environment», «eco», « green », « nature lover », « environmentally friendly » and « environmentally friendly ».

The directive also prohibits certain misleading claims on cosmetic products, including:

The climate-related claims, as «savings energy», «biodegradable», « bio-based », « carbon neutrality », « reduced climate impact », « low carbon footprint », or any statement suggesting exceptional environmental performance or the absence of ecological impact. Indeed, these are particularly likely to lack clarity, be ambiguous, and mislead consumers. in error unless, of course, they are backed by clear, transparent, objective commitments and targets that are publicly available and verifiable by an independent third party.

The generalized statements about the entire product or company whereas the allegation relates solely to one of its parts or certain of its characteristics, or to certain activities of the company. For example, «manufactured" with recycled material » may be misleading by suggesting that the entire product is recycled, when in fact only the packaging is recycled.

This list, while not exhaustive, clearly defines acceptable practices and those to be avoided in environmental communication.

Work schedule:

📌 22 March 2023 : Publication of the draft directive by the European Commission.

In accordance with the ordinary legislative procedure, the proposed directive on environmental claims was submitted to the European Parliament and the European Council for approval.

📌 12 March 2024 : Adoption of the European Parliament report.

Entry into force : The Green Claims Directive will take effect twenty days after its publication in the Official Journal of the European Union, which is estimated to be in early 2026.

Link with other European policies

The proposal on environmental claims is in line with the objectives European Green Deal and of the Map action plan for the circular economy by combating greenwashing and promoting more sustainable consumption. It reinforces global strategies such as the plan course of action «zero pollution» and the 2030 Biodiversity Strategy, while complementing sectoral initiatives such as «From farm to table».

By establishing a framework consistent with the Unfair Commercial Practices Directive, it aims to make sustainable products and services the norm in Europe. It also aims to reduce the environmental footprint of products and support the EU's goal of climate neutrality by 2050.

The sPenalties provided for by the Green Claims Directive:

Europe is determined to combat greenwashing. With this in mind, the Green Claims Directive establishes a list of penalties applicable to companies that do not comply with the requirements:

A minimum fine equivalent to 4% of annual turnover,
Confiscation of income,
A temporary exclusion from public procurement contracts for up to twelve months.

The Laboratories Lelégard : Your partner for successful regulatory compliance

In a context where the Green Claims Directive imposes increasing requirements in terms of environmental communication, we support you from the design stage through to regulatory compliance of your claims.

Thanks to a proactive approach, we help you anticipate legal changes, ensuring compliance with your commitments and strengthening your brand's credibility.

Our tailored support adapts to your specific needs, ensuring a strategy that is aligned with your objectives. What is essential to you is equally essential to us: your compliance is our priority.