Recent Evolution Of The European Regulatory Framework On Greenwashing

Aiming to enable consumers to make informed purchasing decisions and thus "contribute to more sustainable consumption patterns," the European Union adopted, on February 28, 2024, the Unfair Commercial Practices Directive to Empower Consumers for the Green Transition (Directive (EU) 2024/825, or the "Empowering Consumers Directive"). The EU Parliament also adopted, on March 12, 2024, the draft "Green Claims Directive" proposed by the Commission. Both Directives apply to claims companies may make about climate change, as well as other environmental and sustainability claims.

The Empowering Consumers Directive

The Empowering Consumers Directive introduces a specific regime for environmental claimsinto the general regime of unfair practices, which previously did not explicitly take into account environmental matters based on the currently applicable Unfair Commercial Practices Directive. The Empowering Consumers Directive applies in the context of business to