The European Commission, with FAQs published on 18 May 2026, provided an update to the previous FAQs, with some interpretative clarifications regarding companies' environmental communications, with particular reference to the use of distinctive terms and signs in commercial communications.<\/p>\n\n\n\n
These indications are part of the implementation of Directive (EU) 2024\/825, which is expected to apply from 27 September 2026, and concern in particular the qualification of communication practices potentially suitable for integrating hypotheses of greenwashing.<\/p>\n\n\n\n
Use of terms and colors in the commercial name<\/strong><\/p>\n\n\n\n The Commission clarified that the use of the terms \u201cgreen\u201d or \u201cblue\u201d in trademarks, company names or product names, as well as the use of the related colours, does not automatically constitute an environmental claim within the meaning of the Directive.<\/p>\n\n\n\n The legal relevance of these elements must be assessed on a case-by-case basis, taking into account the overall context of the commercial communication and the possible perception by the average consumer.<\/p>\n\n\n\n Where, in this context, no reasonable expectation of environmental benefit emerges, there is no obligation on the economic operator to demonstrate high environmental performance.<\/p>\n\n\n\n Evocative terms of sustainability and generic environmental claims<\/strong><\/p>\n\n\n\n The FAQ includes the term \u201cblue\u201d among the expressions that can evoke characteristics of environmental sustainability, along with terms such as \u201ceco\u201d, \u201cnatural\u201d and \u201cclimate neutral\u201d.<\/p>\n\n\n\n The use of these expressions entails the following obligations:<\/p>\n\n\n\n Average consumer parameter<\/strong><\/p>\n\n\n\n The assessment of commercial practices must be carried out taking into account the parameter of the average consumer, understood as a reasonably informed, attentive and prudent individual.<\/p>\n\n\n\n The verification of the existence of an environmental claim can be carried out by the competent authorities even without resorting to statistical surveys, based on an assessment of the overall significance of the communication.<\/p>\n\n\n\n In this context, even graphic or visual elements (such as naturalistic or chromatic representations) can integrate an implicit environmental assertion if, in the overall context, they are capable of inducing in the consumer an inadequately supported perception of sustainability.<\/p>\n\n\n\n Generally speaking, conformity assessment is based on a case-by-case approach, based on the consistency and verifiability of environmental claims and their overall meaning in commercial communication.<\/p>\n\n\n\n Content edited by Avv. Giorgio Rusconi <\/a>and Lawyer. Laura Carrara<\/a><\/p>\n\n\n\n <\/p>","protected":false},"excerpt":{"rendered":"\n