EU Commission Warns 20 Member States Over Failure to Implement Anti-Greenwashing Rules

The European Commission announced that it has sent letters to 17 EU member states, opening infringement procedures over the states’ failure to communicate that they have transposed new anti-greenwashing legislation, the “Directive on Empowering Consumers for the Green Transition,” (ECGT) into their national laws.

Adopted by European lawmakers in 2024, the ECGT was designed to protect consumers from misleading green claims and other greenwashing practices, including banning unverified generic environmental claims such as “environmentally friendly,” or “biodegradable” and those based on emissions offsetting schemes.

The legislation amended existing directives protecting consumers from unfair commercial practices, including the Unfair Commercial Practices Directive (UCPD) and the Consumer Rights Directive (CRD), to include green transition and circular economy-related aspects. At the time that it initially proposed the amendments, the Commission noted studies indicating that more than half of green claims by companies in the EU were vague or misleading, and 40% were completely unsubstantiated.

Key aspects of the directive include rules aimed at making product labels clearer by banning the use of generic environmental claims not backed up with proof, and the regulation of sustainability labels to allow only the use of those based on official certification schemes or established by public authorities.

The directive also includes rules focused on product durability, requiring guarantee information on products to be more visible, and mandating the creation of a harmonized label to give more prominence to goods with an extended guarantee period, as well as banning unfounded durability claims, prompts to replace consumables earlier than strictly necessary, or presenting goods as repairable when they are not.

The deadline for EU member states to transpose the ECGT into national laws was March 27, 2026, with the directive set to enter into application in September, although the Commission said that it is still calling on 20 states to transpose the directive.

States receiving the letters include Belgium, Bulgaria, Czechia, Estonia, Greece, Spain, France, Croatia, Cyprus, Latvia, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Slovenia, Finland and Sweden.

Under EU infringement procedures, the Commission may take legal action against EU member states that fail to implement EU laws, starting with a letter of formal notice. Following the letter, the Commission may send a reasoned opinion with a formal request to comply with the law, and then may refer the matter to the Court of Justice and ask the court to impose penalties.

Following the Commission’s action to send the letters, the 20 member states have two months to respond and to complete the transposition, after which the Commission may send a reasoned opinion.

In its statement announcing the opening of infringement procedures, the Commission said:

“The Directive improves the reliability and transparency of green claims and sustainability labels. It encourages businesses to adopt more sustainable practices and prevents early obsolescence and greenwashing. It also ensures that shoppers have access to better information on a product’s durability and repairability, as well as on their legal guarantee rights.”