In an effort to champion environmental transparency and consumer protection, the European Union has made significant strides in combating greenwashing. Stemming from the EU’s Empowering Consumers for the Green Transition directive proposed in March 2022, a new law has been tentatively approved to ban misleading sustainability claims. Here’s an in-depth look at what this ban entails, who it affects, and what it means for both consumers and businesses.
What is Greenwashing and Why is it a Problem?
Greenwashing refers to the practice where companies exaggerate or falsely claim their products or services to be environmentally friendly. According to a 2021 poll conducted in four EU countries, over half of consumers find it difficult to identify greenwashing on product labels. The EU Commission found that 53.3% of environmental claims were “vague, misleading or unfounded,” making this an urgent issue requiring regulatory intervention.
Who Does the Ban Affect?
The ban is poised to have a broad impact across multiple sectors, including food and beverages, travel, fashion, and technology. It doesn’t stop there; the ban will also significantly influence the voluntary carbon market, dealing a blow to practices involving carbon offsets and credits. For instance, airlines offering an offsetting option to passengers can no longer claim to provide ‘carbon-neutral’ flights, without verification of the claims.
What Can’t Companies Say Anymore?
The directive introduces a comprehensive list of terms that companies can no longer use unless they can provide substantial evidence for or verification of the claims. Some of the terms that have been banned include:
- Environmentally friendly
The ban aims to eliminate generic environmental claims unless they are backed by “proof of recognised excellent environmental performance” such as compliance with official EU regulations or recognised green labelling schemes.
Durability, Repairability, and Guarantees
Besides misleading environmental claims, the EU has also targeted planned obsolescence and transparency about product durability. Companies will now be obligated to declare the expected lifespans of their products. Furthermore, they will have to be more transparent about repairability, including the availability of software updates, and cannot make unjust claims about product durability.
Timing and Implementation
The proposal will need final approval from the EU Parliament and Council, expected in November 2023. Once approved, member states will have 24 months to implement the new regulations. This implies that by 2026, the EU could be largely free of greenwashing practices, at least in theory.
Why Does This Matter?
The new directive forms part of a more extensive package aimed at empowering consumers and promoting sustainability. It offers consumers the tools to challenge businesses that don’t comply with the new rules and is expected to facilitate class-action lawsuits against greenwashing and early obsolescence.
In summary, the EU’s ban on greenwashing signifies a pivotal moment in the pursuit of environmental sustainability and consumer protection. The law aims to navigate consumers through the maze of misleading green claims, fostering a marketplace where eco-friendly actually means eco-friendly.
While the directive is a significant step forward, it forms part of a larger framework, including the Ecodesign for Sustainable Products Regulation, the Green Claims Directive, and the Right to Repair Directive. These broader measures are likely to further change the landscape of consumer rights and corporate responsibility in the EU.
In a world grappling with the existential threat of climate change, the EU’s crackdown on greenwashing sets an example for other regions to follow, placing integrity at the heart of the green transition.