Greenwashing in the Automotive Sector

As of 27 September 2026, the new provisions introduced by Legislative Decree No. 30 of 20 February 2026 (the “Decree”) apply. The Decree amends the Italian Consumer Code implementing Directive (EU) 2024/825 (the so-called “Empowering Consumers” Directive). The reform has two main effects: on the one hand, it expressly classifies greenwashing as an unfair commercial practice and adds new prohibited practices relating to product durability and planned obsolescence; on the other hand, it strengthens the information that traders must give consumers before a contract is concluded.

1. NEW UNFAIR COMMERCIAL PRACTICES

The Decree adds to the list of unfair commercial practices by expressly addressing greenwashing. This directly affects Dealers’ commercial communications, including those concerning electric and hybrid vehicles. In particular, a trader may now be sanctioned where it:

• makes environmental claims relating to future environmental performance that are not supported by clear, objective, publicly available and verifiable commitments set out in a detailed and realistic implementation plan; this includes: (i) measurable targets, (ii) specific deadlines, (iii) resources allocated, (iv) periodic verification by an independent third party and, (v) publication of the results for the benefit of consumers;
• promotes as a consumer benefit a feature that is irrelevant and unrelated to the product or the business;
• displays a sustainability label that is not based on a certification scheme and has not been established by public authorities;
• makes a generic environmental claim (such as “eco-friendly”, “green” or “zero impact”) that is not supported by recognised excellent environmental performance relevant to the claim;
• makes an environmental claim about the entire product or the trader’s entire business when it concerns only a certain aspect of the product or a specific activity of the trader’s business;
• claims that a product has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions, where that claim is based on emissions offsetting (offsetting);
• presents legal requirements applicable to all products in a given category on the EU market as a distinctive feature of the trader’s offer.

2. NEW PRE-CONTRACTUAL INFORMATION OBLIGATIONS

The new information requirements apply to all business-to-consumer sales of goods, regardless of how the contract is concluded, whether on business premises, off premises or at a distance.

Before the consumer is bound by the contract, the Dealer must provide the following information:

1. legal guarantee of conformity. The content of the legal guarantee is unchanged, but the way consumers are informed of it is now standardised. The Dealer must use the harmonised European notice, displayed in a prominent and easily accessible manner, including for used vehicles;
2. commercial guarantee of durability. Any commercial guarantee of durability must be communicated using the harmonised label (the so-called “GARAN” label). The label may be used only where the guarantee meets all of the following conditions: (i) it is free of charge for the consumer; (ii) it covers the goods as a whole; and (iii) it lasts for more than two years;
3. software updates. The Dealer must state the minimum period during which the producer will provide software updates, where the producer makes this information available;
4. additional information on reparability. Motor vehicles are not among the product categories listed in Annex II to Directive (EU) 2024/1799, so there is no official reparability score for them and none needs to be given. Instead, the Dealer must provide the following information, where the producer makes it available: (i) the availability of the spare parts needed to maintain the conformity of the goods; (ii) the estimated cost of spare parts and the procedure for ordering them; (ii) the availability of repair and maintenance instructions; and (iv) any restrictions on repair.

3. CHECKLIST OF NEW COMPLIANCE REQUIREMENTS

In light of the above, from 27 September 2026 it will be necessary to:

1. check that the harmonised Notice is displayed, and and displayed correctly, in every showroom and on all online channels;
2. update quotations and, consequently, the General Terms and Conditions of Sale. These generally do not yet include the reference to the legal guarantee, the minimum period for software updates or the reparability information. Alternatively, quotations may include a note (“NOTA BENE”) referring to a web page that contains all the information required by the new rules, provided that the page is complete and kept up to date at all times;
3. obtain from the producer, for each model, the minimum period for software updates and information on spare parts, their costs, ordering procedures, repair manuals and any restrictions on repair;
4. check whether the commercial guarantees offered meet the GARAN requirements and, if so, ensure that the harmonised Label is displayed;
5. review commercial and environmental communications including claims about emissions, durability, software updates and non-original spare parts;
6. train sales, marketing, e-commerce and customer care staff, and adopt an internal compliance plan for the new rules.