On 9 March 2026, Italy published Legislative Decree No. 30 of 20 February 2026, implementing Directive (EU) 2024/825, also known as the Empowering Consumers for the Green Transition Directive. The decree introduces changes to the Italian Consumer Code (Legislative Decree No. 206/2005) to strengthen consumer protection against misleading environmental claims and improve the transparency and reliability of sustainability-related information.
The objective is clear: consumers should be able to make informed purchasing decisions without being misled by vague, exaggerated or unsubstantiated environmental claims. By addressing misleading green advertising and regulating sustainability labels, the legislation aims to create a more transparent marketplace in which businesses compete on the basis of credible information rather than unsupported environmental promises.
This is an important step. Misleading environmental advertising can distort competition, undermine consumer trust and disadvantage businesses that genuinely invest in more sustainable products and services.
However, the challenge lies in ensuring that the fight against greenwashing does not become a disproportionate burden for small and medium-sized enterprises (SMEs).
The Cost of Proving Environmental Claims
The new rules require businesses to be more careful about their environmental claims. Terms like “eco-friendly” or “green” can’t be used freely, and sustainability labels and promises about future environmental improvements need to meet specific requirements.
For companies, this means reviewing not only new advertising campaigns but also existing websites, product descriptions, packaging and other marketing materials. Environmental statements need to be assessed against the applicable legal requirements and supported by appropriate evidence.
For larger companies, these tasks may be managed by dedicated legal, compliance and sustainability teams. For SMEs, however, the situation can be significantly more complicated.
Gathering technical documentation, obtaining independent verification where necessary, consulting specialists and updating marketing materials all require time, money and internal resources. Smaller businesses often lack the dedicated personnel and budgets needed to complete these activities quickly, even when their environmental commitments are genuine.
When Genuine Sustainability Is Difficult to Demonstrate
Consider a company that manufactures a product with a genuinely lower environmental impact than competing alternatives. Until now, it may have communicated this advantage using information derived from its production processes, material choices or internal assessments.
Although these statements may be factually accurate, the company may not have obtained independent certification or formal third-party verification. Under the new rules, however, the fact that a claim is true does not automatically mean it can be communicated in any form. Its wording, supporting evidence and, where relevant, the requirements governing environmental labels and specific types of claims must all be considered.
The business may therefore need to invest in additional assessments, collect more robust evidence or revise its communications before continuing to make certain claims.
This creates a potential imbalance. A small business may offer a genuinely more sustainable product yet struggle to demonstrate its environmental advantages in the required manner. Meanwhile, a larger competitor may be better equipped to finance the documentation, verification and legal review needed to support its claims.
The risk is that compliance costs could make sustainability communication more difficult for the very businesses that are trying to improve their environmental performance.