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On 22 March 2023, the European Commission published the Proposal for a Directive on substantiation and communication of explicit environmental claims (Green Claims Directive), with the aim to establish common criteria against greenwashing and misleading environmental claims. It aims to provide consumers with clarity and stronger reassurance that green claims are not misleading, allowing them to choose environment-friendly products and services. The proposal is also intended to benefit businesses by establishing a fair approach to marketing environmental product or services.
The proposal compliments the March 2022 proposal on ‘empowering consumers for the green transition' as part of the European Green Deal by providing more specific rules on environmental claims, in addition to a general prohibition of misleading advertising. The scope of the proposal targets explicit claims as well as new public and private environmental labels but excludes claims that are or will be covered by EU rules, such as EU Ecolabel or organic food logo.
The Green Claims Directive proposal is subject to the approval of the European Parliament and the Council of the EU, and there is no set date for entry into force at this time.
For further information, the EC announcement can be accessed here, the Proposal for a Directive on Green Claims can be accessed here, and Questions and Answers on European Green Claims can be accessed here.
The Green Claims Directive will be implemented within the context of the European Union but will not be applicable to products placed on the UK market, where the CMA Green Claims Code has already been established and is in force.
