Green claims under scrutiny in EU consumer law

Why should I read this? 

The ECGT directive: a new standard for environmental claims

The new EU rules on green claims under the Directive on Empowering Consumers for the Green Transition (ECGT) set a new standard for environmental marketing. Businesses have six months to revise packaging, labels and marketing materials to avoid greenwashing risks. This may require reviewing product composition, sourcing, packaging and supply chain information to support environmental claims. There is a step change in the rules. Generic or unsubstantiated claims such as “green”, “eco-friendly” or “net-zero” are likely to attract scrutiny. The same applies to visual cues, such as leaves or trees, and to claims based solely on carbon offsetting.

The ECGT strengthens EU consumer protection rules on environmental claims and sustainability marketing. It introduces new definitions and prohibits practices targeting misleading environmental claims across consumer-facing activities. The initiative forms part of the EU consumer protection agenda supporting the green transition. For businesses, it requires adapting internal processes, and reassessing how environmental claims are developed, substantiated and communicated to consumers.

What should I do?

The new rules will apply from 27 September 2026 without a transition period. The ECGT changes the commercial context in which sustainability claims are made and assessed. It requires closer alignment between product data, sustainability reporting and marketing. Businesses should ensure claims are clear, consistent, and defensible if challenged.

• Map where environmental claims appear: review packaging, product pages, advertising, websites and investor materials reused in consumer marketing.
• Prioritise higher-risk claims: focus on generic or absolute statements and claims that rely on carbon offsetting or simplified environmental messaging.
• Review how claims are developed: confirm that marketing statements reflect underlying product characteristics, sourcing and lifecycle information.
• Check wording and presentation: environmental claims may arise from text, imagery, colours, symbols or oral statements made to consumers.
• Ensure internal alignment: marketing, legal and sustainability teams should apply consistent criteria when developing and approving environmental claims.

What else do I need to know?

Scope and value chain implications

While the ECGT primarily governs business-to-consumer practices targeting EU consumers, business-to-business practices fall outside its direct scope. However, environmental claims often rely on product composition, packaging, production methods and supply chain information. Claims developed in a B2B context may therefore be reused in consumer-facing marketing. This makes the ECGT relevant across the value chain, including for suppliers and non-EU companies selling into the EU market. 

Environmental claims and real product performance

The ECGT clarifies what constitutes an environmental claim, including generic environmental claims, and when such statements may be misleading under EU consumer law. It also introduces 12 new prohibited practices targeting misleading environmental claims. These include generic claims without demonstrable “excellent” performance, which is a high bar and narrowly defined. They also include carbon neutral and similar claims where these are based solely on carbon offsetting, outside the product’s value chain.

Environmental claims must reflect the actual environmental performance of a product or service and be based on verifiable product characteristics. Claims based on a single environmental attribute must clearly define the scope of the benefit and relate to that specific aspect. They must not suggest overall environmental benefits where only a specific aspect of the product is substantiated. 

Durability and product lifespan claims

The ECGT also addresses misleading claims about product durability, recyclability or repairability. Businesses must ensure such statements reflect actual product performance and expected usage conditions. For example, goods should not be presented as having a certain durability or as repairable where this cannot be demonstrated in practice. 

New pre-contractual information obligations also apply to durability and repairability, affecting how product characteristics are communicated to consumers. Businesses must not withhold information where software updates negatively impact the functioning of goods with digital elements.

Sustainability labels and global messaging strategies

The directive also tightens rules on sustainability labels. Labels used in consumer marketing must be issued by public authorities, or based on third-party certification schemes, with transparent criteria and independent verification. Self-created sustainability labels  that do not meet the new rules on certification schemes are prohibited.

These rules affect global marketing strategies and standardised claims used across multiple jurisdictions. Sustainability disclosures for investors, such as under the CSRD, usually fall outside scope. However, when reused in consumer marketing, they must comply with ECGT requirements. Businesses should therefore ensure marketing claims can be substantiated and aligned with internal ESG reporting.  

If you would like access to our ECGT Implementation Tracker, please contact: sustainabilityandesg@eversheds-sutherland.com