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As part of the EU Green Deal launched in 2019, a strong mandate has been issued to ensure consumers receive reliable, comparable and verifiable information to enable them to make more sustainable decisions and to reduce the risk of greenwashing.

The proposed European Union (EU) Green Claims Directive was tabled by the European Commission in March 2023 and aims to address greenwashing and introduces stringent requirements on various aspects in tackling false environmental claims.

What does it mean for your business

Download our full guide to managing greenwashing legislation in the EU

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Key Areas of the EU Claims Directive

Key Areas of the EU Claims Directive

Explore the full scale of what’s needed to prepare for the EU Green Claims Directive. Download the guide.

Key Actions to Take

It may be a few years before the requirements of the EU Green Claims Directive become mandatory, but it is crucial to take action now.

1. Stay Up to Date

Ensure that you keep up to date with the latest measures approved by EU member states and assess their impact on your business as soon as possible to prepare a strategy for implementing the requirements.

2. Collaborate with Others

Work with industry associations to help influence the outcome of the proposed directive.

3. Analyze Marketing

Analyze your marketing strategy in relation to claims that may be subject to the future directive.

4. Collect Crucial Data

Collect product life-cycle data of your products to help speed up verifications and aid in any further assessments of green claims.

5. Publish Information

Prepare to set up a website that will contain relevant information relating to the substantiation of green claims, including a summary, in easily understandable language.

Contact us to find out how you can get legal advice on how to

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Review your use of green claims

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Closely monitor the progress of the proposed directive

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Consider how to adapt and modify existing business practices

Author

Kurt Haegeman is the global chair of Baker McKenzie's Consumer Goods and Retail Industry Group, and a partner in Baker McKenzie’s EU Competition & Regulatory Affairs Practice in Brussels.

Author

Geert Bovy is a partner in the in the Brussels office and heads the International Commercial & Trade Practice Group in EMEA and Belgium. He joined Baker McKenzie in 2001. Geert was a teaching assistant in procedural law at KULeuven from 2006 to 2009.

Author

Elisabet is a Senior Associate experienced Public Law/ Regulatory lawyer in Baker McKenzie's Barcelona office. She has more than 10 years' experience advising heavyweight companies on public law and regulatory issues. Elisabet advises both national and multinational companies on public procurement, administrative compliance, license schemes, environmental, ESG, regulatory, and products-related matters (circular economy and sustainability requirements, green claims, consumer protection issues, etc), including assistance before regulators, authorities, and courts. In addition, she regularly advises private companies on regulatory issues related to business expansion and the opening of new plants/premises. She also advises on litigation and trials related to the areas of specialization. She has extensive experience in the consumer & goods and life sciences sectors. Regarding the life sciences sector, she offers advice to Spanish and foreign life sciences companies and represent them before authorities and courts regarding public procurement issues, price & reimbursement procedures, authorization and registration, promotion and advertising of medicines, and other regulatory issues related to medicinal products, medical devices, cosmetics, food supplements and other foods for particular nutritional uses. She also professor at Pompeu Fabra University, UPF Barcelona School of Management and ESADE Law School in the field of Public Law. She regularly participates in publications and articles related to her specialty.

Author

Clotilde Guyot-Rechard is an Associate in Baker & McKenzie, Paris office.

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