Senior Associate Rome
"Sustainability is now recognised as an essential quality, capable of affecting both the formation of contractual content and the protection of consumer reliance in dealings between businesses and consumers."
The Italian Legislative Decree of 20 February 2026, no. 30, published in the Official Gazette on 9 March 2026 and entered into force on 24 March, implements Directive (EU) 2024/82, significantly reshaping the framework governing unfair commercial practices and consumer information, with a direct impact on the way businesses communicate the sustainability of their products and services.
The Directive – in force at EU level since 28 February 2024 – broadens the scope of practices deemed unfair by expressly including conduct attributable to greenwashing, namely the use of false, misleading or excessively generic environmental claims regarding the purported environmental performance of goods or services.
Italy has chosen to anticipate the transposition deadline, introducing a regulatory framework that attributes strengthened legal relevance to sustainability. In particular, sustainability is now recognised as an essential quality, capable of affecting both the formation of contractual content and the protection of consumer reliance in dealings between businesses and consumers.
A new legal lexicon for environmental claims
The Decree significantly amends Art. 18 of the Consumer Code, expanding the scope of definitions relevant to commercial practices and environmental claims. Among the key developments is the expansion of ‘products’ to now also include products with digital elements, as well as the introduction of definitions of ‘environmental claim’, ‘generic environmental claim’, ‘sustainability label’ and ‘certification system’. The concept of ‘durability’ is also clarified, defined as a product’s ability to maintain its functions and performance during normal use.
These terminology updates do not serve a simply for descriptive purposes. Rather, the new regulatory lexicon is now the benchmark for assessing the lawfulness and accuracy of environmental communications, imposing on businesses an obligation of substantive truthfulness, grounded in verifiable and reviewable evidence.
Verifiability and consistency throughout the product life cycle
The amendments introduced to Art. 21 of the Consumer Code further reinforce this approach, by expressly including the environmental and social characteristics of the product, as well as circularity profiles, such as repairability, updatability and durability.
Particular attention is devoted to environmental claims concerning future performance, which must be supported by concrete and verifiable commitments, accompanied by implementation plans with measurable objectives. Another focus is on statements attributing an overall environmental benefit to the product that does not correspond to its actual characteristics.
The underlying principle is clear: sustainability must be proven through consistent and verifiable actions across a product’s cycle and not selective messaging.
Misleading omissions and comparison services
The Decree also intervenes in the regulation of misleading omissions (Art. 22), extending information obligations to product comparison services. In such cases, relevance is attached not only to the informational content provided to consumers, but also to the method used for comparison, the products and suppliers considered, and the procedures for updating the information.
An element of responsibility is thus introduced that extends beyond informational content and encompasses the way through which information is generated and presented.
"The new framework excludes any form of environmental representation not supported by objective evidence, imposing a substantive correspondence between environmental claims and verifiable data."
Putting an end to communicative shortcuts: the new blacklist
Of particular significance is the expansion of the blacklist set out in Art. 23 of the Consumer Code. Practices that are newly classified as misleading include:
- using sustainability labels that lack an adequate certification system;
- adopting generic environmental claims that cannot be substantiated; and
- presenting products as environmentally neutral or positive based solely on emissions‑offsetting mechanisms.
These provisions are complemented by new cases relating to durability, repairability and software updates, further strengthening the link between declared sustainability and the functional characteristics of products.
Overall, the new framework excludes any form of environmental representation not supported by objective evidence, imposing a substantive correspondence between environmental claims and verifiable data.
Pre‑contractual information and digital channels
The amendments introduced by the Decree also affect pre‑contractual information obligations and electronic contracts involving payment. Environmental characteristics become a structural component of the consumer decision‑making process and can no longer be confined to promotional materials detached from the purchasing experience.
Key implications for businesses
Overall, Legislative Decree no. 30/2026 requires businesses to undertake a coordinated reassessment of how products are designed, how their environmental characteristics are communicated and how internal control and compliance processes are structured.
From a first‑level operational perspective, several key areas of attention emerge.
First, businesses are required to review green claims across all communication channels, verifying their consistency with available technical data, any certifications used and information that can be effectively substantiated. At the same time, it becomes necessary to strengthen the documentation supporting environmental claims, also in view of potential scrutiny by competent authorities.
Secondly, the Decree requires sustainability to be integrated into product governance, taking into account aspects such as durability, repairability and updatability already at the product design stage, in line with the EU framework on eco-design set out in Regulation (EU) 2024/1781.
"The new regulatory framework may represent an opportunity to enhance the credibility of environmental communications and strengthen competitive positioning, due to sustainability being increasingly scrutinised by authorities, business partners and stakeholders."
Further attention is required with respect to digital processes and e‑commerce, particularly regarding the integration of environmental information into pre‑contractual flows, the use of consistent labels and the transparency of product comparison systems.
Finally, the new regime makes it advisable to strengthen internal compliance safeguards, promoting more structured coordination among legal, commercial, marketing and technical functions, including through targeted training activities.
The impact of the reform is not limited to sanctions. For businesses that address the changes in a timely manner, the new regulatory framework may represent an opportunity to enhance the credibility of environmental communications and strengthen competitive positioning, due to sustainability being increasingly scrutinised by authorities, business partners and stakeholders.
Conclusions
Legislative Decree no. 30/2026 introduces a regime of environmental responsibility that extends beyond communication to encompass product structure, pre‑contractual transparency and methods of comparison between goods and services. In doing so, the legislator gives binding effect to the logic underlying the EU framework for the green transition, recognising sustainability as an essential parameter of product conformity, with direct consequences for the qualification of commercial practices and the liability of economic operators.
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Senior Associate Rome
Associate Rome
