Why businesses should prepare now for the new anti-greenwashing framework
The European Commission has sent France a letter of formal notice for failing to notify the complete transposition of Directive (EU) 2024/825, known as the Empowering Consumers for the Green Transition Directive, with a two-month deadline to remedy the situation.
The Directive, which Member States were required to transpose by 27 March 2026, significantly strengthens the EU framework governing environmental claims and aims to combat greenwashing by ensuring that sustainability-related communications are clear, accurate and properly substantiated.
Although France is still finalising its implementing legislation, businesses should not wait for the national measures before reviewing their current practices.
A more demanding approach to environmental claims
The Directive introduces stricter rules for environmental marketing, particularly regarding generic claims such as “green”, “eco ” or “environmentally friendly”. Such statements will only be permitted where they can be supported by recognised evidence demonstrating excellent environmental performance.
It also introduces important restrictions on claims based on carbon offsetting. Businesses will no longer be able to describe products as “carbon neutral” or “climate neutral” where those claims rely solely on offsetting emissions outside the product’s own value chain.
In addition, the use of sustainability labels and future environmental commitments will be subject to greater transparency and substantiation requirements.
Practical implications for businesses
For companies operating in France—and particularly those active across several European markets—the message is clear: now is the time to prepare.
Businesses should begin by:
- reviewing generic environmental claims used across packaging, websites and marketing materials;
- verifying that all environmental statements are supported by robust evidence;
- reassessing claims based on carbon offsetting;
- ensuring that legal, marketing and sustainability teams work together to review consumer-facing communications.
These issues are particularly relevant in distribution networks, where environmental claims are often reproduced or adapted by distributors, retailers and other commercial partners. Reviewing contractual responsibilities and approval procedures can therefore be just as important as updating the claims themselves.
Looking ahead
Greenwashing is no longer simply a consumer law issue. It has become a strategic business risk with potential legal, commercial and reputational consequences.
While France’s transposition is still pending, the direction of European regulation is already clear. Companies that review their environmental communications now will be better positioned to comply with the new framework and maintain consumer confidence as the rules begin to apply.
Article by LOI & Strategies
