The European Commission has withdrawn its proposed Green Claims Directive, removing the prospect, for now, of a dedicated EU regime requiring prior independent verification of many explicit environmental claims. While the withdrawal is significant, it should not be mistaken for a relaxation of greenwashing controls. Businesses making environmental claims or using sustainability labels in a B2C context in Ireland remain subject to binding EU and Irish consumer protection rules, including the Empowering Consumers for the Green Transition framework.
What was the proposed Green Claims Directive?
The proposed Green Claims Directive was published by the Commission in March 2023. It was intended to complement wider changes to EU consumer law by creating more detailed rules for voluntary environmental claims and environmental labelling schemes used in B2C marketing.
The proposal would have required traders to assess whether a claim related to a whole product, part of a product, a life-cycle stage, all trader activities or only a particular activity, and to substantiate the claim using robust and verifiable evidence.
The most onerous feature of the proposal was ex ante verification. Many explicit environmental claims and environmental labelling schemes would have required review by an accredited independent verifier before publication.
The proposal also sought to control the proliferation of private environmental labels by requiring reliability, transparency, independent verification and periodic review.
Why has it been withdrawn?
The withdrawal of the proposed Green Claims Directive followed a prolonged legislative process and limited prospects of Council support within a reasonable timeframe. The file had already encountered political difficulty in 2025, when concerns were raised about the burden the proposed regime could impose, particularly on smaller businesses.
Does this mean that there are no rules on Green Claims?
Green claims will continue to be regulated by Directive (EU) 2024/825, the Empowering Consumers for the Green Transition Directive (EMPCO Directive). It amends the Unfair Commercial Practices Directive and the Consumer Rights Directive, and is aimed at greenwashing, misleading environmental claims and non-transparent or non-credible sustainability labels.
Ireland has implemented the EMPCO Directive through the European Union (Empowering Consumers for the Green Transition) Regulations 2026 (Regulations), which entered into operation on 27 September 2026. The Regulations amend the Consumer Protection Act 2007 and the Consumer Rights Act 2022.
The Regulations prohibit, among other things:
- generic environmental claims where recognised excellent environmental performance cannot be demonstrated;
- sustainability labels that are not established by public authorities or backed by a valid certification scheme;
- future environmental performance claims lacking clear, public, measurable and independently verified commitments;
- claims about an entire product or business where the claim concerns only a specific aspect; and
- certain offsetting-based greenhouse-gas claims.
Practical implications for businesses
The withdrawal of the Green Claims Directive reduces the likelihood of a near-term EU system of mandatory pre-approval for explicit environmental claims. It does not, however, remove the need to substantiate claims before using them. The CCPC states that, from 27 September 2026, marketing claims about a product’s environmental impact must be supported by evidence.
As a result:
- businesses should review claims such as “sustainable”, “green”, “eco-friendly”, “carbon neutral”, “biodegradable” and similar broad language with particular care;
- claims should be specific, accurate and confined to the product, activity, feature or life-cycle stage actually supported by the evidence;
- future-facing claims, including net zero or carbon-neutral commitments, should be supported by a realistic implementation plan, measurable targets and independent verification where required; and
- certification and labelling claims require the same discipline.
Conclusion
Businesses should not pause green claims compliance because the Green Claims Directive has been withdrawn, considering that its withdrawal does not impact of the continued application of the EMPCO Directive. They should audit current environmental claims, check the basis for any sustainability label or certification reference, and ensure that marketing language does not overreach beyond the supporting evidence. The Green Claims Directive may have fallen away, but the compliance risk around vague, unsupported or overstated green claims remains firmly in place.
For more information, please contact John Gaffney or your usual contact in Beauchamps LLP.
