Greenwashing from 27 September: new rules and managing existing stock
From 27 September 2026 the new anti-greenwashing rules in the Consumer Code apply. What changes for companies and how to handle products, labels and packaging already in stock.
From 27 September 2026 the new anti-greenwashing rules introduced by Legislative Decree 30/2026, which transposes Directive (EU) 2024/825 into the Italian Consumer Code, apply in Italy. From that date, generic environmental claims, sustainability labels without certification and climate claims based on offsetting are prohibited practices. For stock already produced there is no automatic obligation to withdraw or destroy it, but reasonable, documented corrective measures are required, while websites and e-commerce must be brought into line immediately.
What changes from 27 September 2026
Legislative Decree no. 30 of 20 February 2026 was published in Official Gazette no. 56 of 9 March 2026 and has been in force since 24 March. The new provisions, however, apply from 27 September 2026, the date set by the European directive on empowering consumers for the green transition. The decree amends the Consumer Code (Legislative Decree 206/2005), in particular the definitions, misleading actions and omissions, the list of practices considered misleading in all circumstances and the pre-contractual information obligations.
In practice, the following join the list of practices that are always prohibited, without the need to prove deception case by case:
- generic environmental claims (“green”, “eco”, “environmentally friendly”) when recognised excellent environmental performance cannot be demonstrated;
- sustainability labels that are not based on a certification scheme or not established by public authorities;
- claims that attribute to the entire product or the entire company a benefit that concerns only one aspect;
- claims of neutral, reduced or positive climate impact based on carbon offsetting;
- presenting as an advantage requirements that are already imposed by law on all products in the category.
Promises about future performance, such as “zero emissions by 2030”, become misleading if they are not backed by a detailed and realistic plan, with measurable targets and periodic verification by an independent expert. For what climate neutrality means and what you can still claim, see the article on carbon neutral and permitted claims.
Not just claims: durability, reparability and guarantees
The decree does not concern only greenwashing. It also affects the information that accompanies the sale, in shops and online, and this involves anyone selling durable goods and electronics.
- Pre-contractual information now includes, where relevant, durability, reparability and the availability of software updates.
- The seller must display the European harmonised notice on the legal guarantee of conformity in a clearly visible way.
- A producer offering a commercial guarantee of durability longer than the legal one must use the harmonised label provided for by European rules.
- Certain conduct linked to obsolescence also becomes a prohibited practice, such as withholding information about features designed to limit the product’s lifespan.
For many SMEs these information obligations weigh as much as the claims: product sheets, e-commerce pages and materials for the sales network all change.
Stock in the warehouse: what MIMIT and the European authorities say
Legislative Decree 30/2026 does not provide an explicit transitional period for selling off products, labels and packaging already produced. The issue has been addressed by two guidance documents, which do not have the force of law but steer enforcement.
The CPC network’s common position
On 30 June 2026 the European consumer protection authorities, brought together in the CPC network, agreed a common interpretation on “old stock” situations. The principle is proportionality: those who have made reasonable efforts to comply should not be forced to withdraw or destroy products, because that would be a disproportionate measure and also harmful to the environment.
The MIMIT circular of 27 August 2026
The Ministry of Enterprises and Made in Italy (MIMIT) adopted this approach in its circular of 27 August 2026. In summary, according to the prevailing interpretations:
- application from 27 September does not automatically mean withdrawal or destruction of products already manufactured or placed on the market;
- for durable goods manufactured or placed on the market before that date, if the company can prove it, compliance can be achieved within a reasonable time, indicated as roughly six months;
- for short-lived or fast-moving products the expected sell-off time is shorter;
- from 27 September the company must nonetheless take reasonable and proportionate measures to reduce consumers’ exposure to non-compliant claims;
- violations that already existed before 27 September cannot be justified by difficulties in complying, because misleading claims were already prohibited under the general rules.
This is not a general extension of the law. It is enforcement tolerance linked to physical stock, which applies only if the company takes action and documents it.
What to do, material by material
The key distinction is between what you can change without touching the physical product, which must be corrected immediately, and what is already printed or shipped, for which proportionate corrective measures are needed.
| Material | Time allowed | What to do |
|---|---|---|
| Website, e-commerce, marketplace listings | None: compliant from 27 September | Remove or rewrite generic claims, uncertified logos and neutrality claims based on credits |
| Social media, newsletters, advertising campaigns | None for new content | Check campaigns before publication and update pinned content |
| Finished products in stock with non-compliant packaging | Reasonable time, if you prove the production date | Corrective stickers, relabelling where sustainable, documented sell-off |
| Products already at retailers | Reasonable time, with mitigation measures | Inform the sales network, provide correction notices for each point of sale and online |
| Blank labels and packaging not yet used | To be assessed case by case | Stop reorders, consider overprinting or stickers, do not start new non-compliant production runs |
| Catalogues, price lists, trade fair materials | None for new editions | Withdraw versions with non-compliant claims, update downloadable PDFs |
Packaging also has another deadline to keep an eye on: if you are revising your packaging, it pays to align the work with the requirements of the new PPWR packaging regulation, so you do not print twice.
How to document stock
The tolerance on stock applies only if you can prove when the product was manufactured or placed on the market. Prepare a simple file, to be updated until the stock runs out:
- Inventory. List product codes, batches and quantities with claims or logos that are no longer allowed, separating your own warehouse, depots and retailers.
- Proof of date. Keep batch records, invoices, delivery notes, orders and packaging print dates.
- Measures taken. Note what you did for each batch: corrective sticker, notice to the retailer, change to the online listing, with date and person responsible.
- Sell-off plan. Estimate how long the stock will take to sell and set a date after which non-compliant material no longer circulates.
- Stop reorders. Block reprints of labels and packaging with the old claims in your purchasing systems.
This file is also what you would show if the authority requested information. Without documents, the stock simply becomes a non-compliant product on sale.
Enforcement and penalties
Oversight of unfair commercial practices lies with the Italian Competition Authority (AGCM), which can open investigations, including following complaints from consumers, associations or competitors. The rules are not new: the AGCM was already fining misleading environmental claims before 27 September, and in 2025 it imposed a 1 million euro fine on the operator of Shein’s European website for claims on circularity and recyclability.
The Consumer Code provides for administrative fines from 5,000 to 10,000,000 euros, proportionate to the seriousness and duration of the violation, as well as an order to stop the practice. The real change is that many types of conduct are now prohibited in all circumstances, and therefore easier to challenge. Practitioners’ readings point to a gradual initial approach, but not a moratorium.
Checklist for the coming weeks
- Map all environmental and social claims on packaging, website, e-commerce, social media, catalogues and advertising.
- Remove or specify generic claims and those that extend a partial benefit to the whole product.
- Check every sustainability logo or label: it must be backed by a certification scheme or be public.
- Rewrite climate claims based on credits and link future commitments to a verifiable plan.
- Update product sheets and points of sale with the harmonised notice on the legal guarantee.
- Open the stock file and assign an owner.
- Set an internal rule: no new claim without data to support it.
The last point is the one that lasts. To rewrite your messages in a defensible way, once your stock is under control, read the guide on how to communicate sustainability without risk. If your claims talk about emissions or consumption, with Envify you can trace every number back to the documents it comes from, such as utility bills and invoices.
From 27 September 2026 the rules of Legislative Decree 30/2026 apply to all new communications and online content, with no transitional period. For physical stock already produced there is no automatic obligation to withdraw it, but proportionate corrective measures and documentary proof of the production date are required.
