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The new rules against greenwashing in force from next September

  • studiolegalelanzi
  • Mar 13
  • 3 min read



The new European and Italian rules against greenwashing mark a paradigm shift for the entire fashion system: it is no longer a matter of “communicating well”, but of proving, with verifiable evidence, every environmental claim. Fashion — by its nature exposed to statements on sustainability, materials, supply chains and impacts — is one of the sectors most directly affected.



Changing Regulatory Landscape: EU, Italy and International Standards


1) The new EU framework

Directive (EU) 2024/825, transposed in Italy through Legislative Decree 30/2026, amends the rules on unfair commercial practices and consumer rights. Its dual objective is to:

  • eliminate vague, unverifiable or misleading environmental claims;

  • promote durable, repairable and transparent products.

The decree introduces into the Consumer Code key definitions such as environmental claim, generic environmental claim and sustainability label, and expands the “black list” of practices that are always prohibited. The new rules ban unverifiable environmental statements and climate promises without a credible plan. Using a sustainability label without a valid certification system is prohibited.


2) The role of the Italian Consumer Code

From 27 September 2026, every environmental claim must be:

  • specific, not generic;

  • documented, with accessible evidence;

  • verifiable by third parties when referring to sustainability labels or marks;

  • not based on carbon offsetting when presented as climate neutrality.


3) The international context

The European framework interacts with:

  • ISO 14021, 14024, 14025 (self-declared claims, ecolabels, EPDs);

  • multilateral climate agreements (Paris, Glasgow), which discourage improper use of carbon credits;

  • OECD guidelines on due diligence in textile supply chains;

  • the EU Corporate Sustainability Due Diligence Directive (CSDDD), which imposes supply‑chain controls.

The result is a regulatory ecosystem that requires coherence between communication, governance and the supply chain.



What Changes for the Fashion Business


1) The end of “generic environmental claims”

Claims such as “eco‑friendly”, “green”, “sustainable”, “low impact” become unlawful unless accompanied by measurable parameters, a clear methodology (e.g., LCA), and a precise scope (material? process? packaging?).

Making generic environmental claims without being able to demonstrate objectively recognised excellence is prohibited.


2) The stop to carbon‑neutral marketing

Many fashion brands have used claims such as “carbon neutral” thanks to offsetting. From 2026, climate neutrality cannot be claimed if based solely on carbon credits, and any future promise (e.g., “net zero 2040”) must be supported by a detailed plan, verifiable by third parties.


3) Sustainability labels under scrutiny

An environmental label is allowed only if based on a transparent certification system, verified by an independent body, and not confusable with labels self‑created by the brand.

This directly affects:

  • “green” capsules;

  • “conscious” lines;

  • proprietary sustainability labels.


4) Durability and repairability: a new standard for fashion products

The decree introduces safeguards against planned obsolescence and information obligations on repairability. Presenting a product as repairable when it is not is prohibited.

For fashion, this means:

  • transparency on the repairability of footwear, bags and accessories;

  • indication of available spare parts;

  • clear communication on expected product lifespan.

For integrated digital products (wearables, smart textiles), software‑update rules also apply.


5) New pre‑contractual obligations

Before purchase, online or in‑store, consumers must receive: information on durability, repairability index (where applicable), conditions of the legal guarantee, and any commercial durability guarantee, with a harmonised label.



Operational Implications for Fashion Brands and Retailers


Areas to be revised by September 2026

  • Marketing & communication

  • Product development

  • Compliance & contractual frameworks

  • ESG governance


Why the fashion sector is particularly exposed

  • extensive use of environmental and social claims;

  • complex, global supply chains that are difficult to monitor;

  • pressure from consumers and investors;

  • high reputational risk;

  • increasing attention from authorities (AGCM, European Commission).


The new regulatory framework does not punish only deception, but also superficiality: an unverified claim is, in itself, an unfair practice towards consumers and competitors who comply with the Consumer Code.






 
 
 

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