What green claims are banned from 27 September 2026?
Short answer
From 27 September 2026, the EU adds several environmental-marketing practices to its blacklist of things that are unfair — and therefore banned — in all circumstances. The headline ones for consumer brands: banned offset-based “carbon neutral” claims, banned generic claims like “eco-friendly” without proof of excellent performance, and banned self-made sustainability labels. Directive (EU) 2024/825 puts these into Annex I of the Unfair Commercial Practices Directive. Check your own copy against the list below.
This is general information to help you screen your own copy — not legal advice. A flag here is a well-founded warning, not a ruling. Only the Court of Justice of the European Union (CJEU) can interpret the directive with binding force, and the European Commission’s guidance on it is non-binding. Where money or reputation is at stake, take the cited provision to qualified counsel before you act.
The banned practices
Directive (EU) 2024/825 adds these entries to Annex I of the UCPD (2005/29/EC) — the list of practices banned outright, with no case-by-case defence:
1. Generic environmental claims without proof — banned (Annex I 4a)
Making a “generic environmental claim” where you cannot demonstrate recognised excellent environmental performance relevant to the claim. “Eco-friendly”, “green”, “environmentally friendly”, “kind to the planet” with nothing specific attached fall here. Recognised excellent performance means something like the EU Ecolabel or an ISO 14024 Type I scheme relevant to what you’re claiming.
2. Whole-product claims that are only partly true — banned (Annex I 4b)
Making an environmental claim about the entire product or your whole business when it actually concerns only one aspect or activity. A recycled cap on an otherwise-virgin-plastic bottle marketed as “recycled packaging” is the classic half-truth.
3. Offset-based neutrality claims — banned (Annex I 4c)
Claiming, based on offsetting, that a product has a neutral, reduced or positive impact on the environment for greenhouse-gas emissions. “Carbon neutral”/“climate positive”/“CO₂ compensated” built on credits — banned regardless of credit quality.
4. Self-made / uncertified sustainability labels — banned (Annex I 2a)
Displaying a sustainability label that is not based on a certification scheme or not established by public authorities. Your own “Ocean Friendly” badge or invented green seal is out.
5. Legal minimums dressed up as a feature — banned (Annex I 10a)
Presenting requirements imposed by law on all products in the category as if they were a distinctive feature of your offer.
And the claims that aren’t banned — but must be proven
Separately from the outright bans, specific claims must be substantiated or they become misleading actions under the UCPD:
- Future-dated claims (“net zero by 2040”) need a clear, objective, publicly-available commitment and a detailed, independently-verified implementation plan (new Article 6(2)(d) UCPD).
- Specific product claims — “biodegradable”, “recyclable”, “compostable”, “natural” — need accessible evidence and clear qualification, or they mislead under Article 6(1) UCPD.
Who enforces it, and what are the penalties?
The directive is enforced through national law in each member state, not by a single EU regulator. Penalties are set nationally; for widespread cross-border infringements, EU consumer-protection rules allow fines of at least 4% of annual turnover. There is no exemption for stock already on shelves — corrective stickers, shelf notices and website updates are the accepted fixes.
Two things catch the most brands: offset-based "carbon neutral" claims are banned outright, and generic claims like "eco-friendly" or "green" are banned unless you can demonstrate recognised excellent environmental performance (e.g. the EU Ecolabel). The Annex I entries are "unfair in all circumstances" — there is no case-by-case defence for a practice on that list. Substantiation duties (for future claims and specific claims) are different: those you can satisfy with proper, accessible evidence. Yes. There is no old-stock exemption. The accepted fixes for existing inventory are corrective stickers, shelf notices and website updates. No. This is the Empowering Consumers Directive (ECGT), Directive (EU) 2024/825, which is already adopted and applies from 27 September 2026. The separate Green Claims Directive (a substantiation-and-verification proposal, COM/2023/166) is a different instrument that stalled in the legislative process.Frequently asked questions
What is the single biggest change for consumer brands?
Are these bans absolute or is there a defence?
Does this apply to products already on shelves in September 2026?
Is this the Green Claims Directive?