On 9 March 2026, Legislative Decree No. 30/2026 was published in the Official Gazette. The Decree transposes into Italian law – largely mirroring the EU text without material deviations – Directive (EU) 2024/825 of the European Parliament and of the Council (the so-called "Empowering Consumers" Directive). The new provisions, which will be applicable from 27 September 2026, introduce significant amendments to the Italian Consumer Code, with a material impact on companies' environmental communications and consumer protection. Among the key innovations, the decree codifies in the Italian legal framework the practice of greenwashing as an unfair commercial practice and introduces precise definitions of so-called green claims , thereby establishing a comprehensive regulatory framework for a subject matter that had previously lacked specific legislative regulation.
New Definitions on Environmental Communication
The decree introduces a series of key definitions into the Consumer Code to regulate environmental communication, including:
- "environmental claim", meaning in a commercial communication any message or representation, including visual or symbolic ones, which states or implies that a product, product category, brand or trader has a positive or zero impact on the environment, or is less damaging to the environment than others;
- "generic environmental claim", meaning any environmental claim, made in written or oral form (including through audiovisual media), that is not included on a sustainability label and where the specification of the claim is not provided in clear and prominent terms on the same medium;
- "sustainability label", meaning any voluntary trust mark, quality mark or equivalent, either public or private, that aims to set apart and promote a product, a process or a business by reference to its environmental or social characteristics;
- "certification scheme", meaning a third-party verification scheme certifying that a product, process or business complies with certain requirements, allowing the use of a corresponding sustainability label.
Expansion of Unfair Commercial Practices
The decree significantly expands the catalogue of misleading commercial practices and practices considered unfair in all circumstances. In particular, the following is subject to sanctions:
- making environmental claims related to future environmental performance without clear, objective, publicly available and verifiable commitments set out in a detailed and realistic implementation plan with measurable and time-bound targets, regularly verified by an independent third party;
- displaying sustainability labels not based on a certification scheme or not established by public authorities;
- making generic environmental claims (such as "eco-friendly", "green", "zero impact") where the trader is unable to demonstrate recognised excellent environmental performance;
- making environmental claims about the entire product or the trader's entire business when they concern only a specific aspect thereof;
- claiming, based on the offsetting of greenhouse gas emissions, that a product has a neutral, reduced or positive impact on the environment;
- presenting legal requirements applicable to all products within the relevant category on the EU market as a distinctive feature of the trader's offer.
Planned Obsolescence and Durability
The decree also introduces new categories of commercial practices deemed unfair under all circumstances, aimed at struggling planned obsolescence and promoting product durability. These include:
- withholding information from consumers about the negative impact of a software update on the functioning of goods with digital elements;
- presenting a software update as necessary when it only enhances functionality features;
- any commercial communication for a good containing a feature introduced to limit its durability;
- false claims regarding the durability or reparability of goods;
- inducing consumers to replace consumables earlier than technically necessary;
- withholding or making false claims about the impact on functionality when using non-original consumables, spare parts or accessories.
Pre-contractual Information Obligations
The decree strengthens pre-contractual information obligations for traders, both for on-premises and distance contracts. In particular:
- a reminder of the legal guarantee of conformity, including its minimum two-year duration, must be provided through a harmonised notice, the format and content of which are set out in Annex II-octies to the Consumer Code, implementing Commission Implementing Regulation (EU) 2025/1960;
- where the producer offers a commercial guarantee of durability at no additional cost, covering the entire good and with a duration exceeding two years, this must be communicated through a harmonised label;
- the minimum period during which software updates will be provided for goods with digital elements must be disclosed;
- where applicable, the reparability score of the good must be provided or, alternatively, information on the availability, estimated cost and ordering procedure for spare parts, availability of repair and maintenance instructions, and repair restrictions.
Implications for Businesses
In light of the new legislation, businesses that communicate the environmental characteristics of their products, as well as those marketing goods with digital elements, will need to adapt their processes and commercial communications by 27 September 2026. In particular, it will be necessary to:
- ensure that every environmental claim is supported by verifiable data and evidence, and that any generic environmental claims are backed by recognised excellent environmental performance;
- avoid claims of climate neutrality or zero or reduced environmental impact based on the mere offsetting of emissions;
- ensure that any sustainability labels used are based on certification schemes that comply with the requirements set out in the new legislation;
- update pre-contractual documentation, online communications, labels and promotional materials to include the new mandatory information (harmonised notice on the legal guarantee, harmonised label for the commercial guarantee of durability, reparability score or alternative repair information, software update information);
- review policies relating to software updates and consumables, ensuring full transparency towards consumers regarding the effects of updates and compatibility with non-original components.
