EU v. Greenwashing: the reliability of environmental claims to safeguard green consumerism

The article aims to set out the EU's perspective and regulatory approach to the widespread phenomenon of so-called greenwashing, by synthesizing the objectives and instruments conceived by the two complementary Directives to combat it. The stakes are high, as the effectiveness of the green transition depends on the confidence of consumers, who are sensitive to green advertising and tend to buy sustainable products and services. Untruthful commercial communication about the presence of environmentally friendly features and characteristics risks thwarting the green transition and creating discrimination between companies that are virtuous in this respect and those that are not. The authors point out that, as is so often the case, the future of the Directive already in force (2024/825) and of the proposed Directive soon to be adopted (2023/0085) will depend, to a large extent, on the level of enforcement by the Administrative authorities responsible for monitoring and imposing sanctions, as well as by the private enforcement, which is bound to work efficiently through class actions.