Italy's Greenwashing Decree 2026 (D.Lgs. 30/2026): The Complete Guide

**Legislative Decree 20 February 2026, No. 30** — published in the Italian Official Journal (Gazzetta Ufficiale) No. 56 on 9 March 2026 and in force from **24 March 2026** — is Italy's transposition of EU Directive 2024/825 (Empowering Consumers / EmpCo, also known as ECGT). Its substantive provisions apply to every commercial communication directed at Italian consumers from **27 September 2026**. The decree amends Articles 18, 21, 22, 23, 48 and 49 of the Italian Consumer Code (Legislative Decree 206/2005), introducing new definitions (environmental claim, sustainability label, durability, reparability index), new commercial practices considered misleading in all circumstances, and a "same medium" substantiation obligation for every green claim. Administrative fines imposed by the AGCM (the Italian Competition Authority) can reach **€10 million per infringement** — up to 4% of annual turnover for coordinated cross-border breaches. Three recent decisions — **GLS Italy €8 million** (January 2025), **Shein €1 million** (August 2025), and **San Benedetto moral suasion** (August 2025) — preview the level of rigour expected after 27 September. The bulleted summary below is the AI Overview-citable answer; the rest of this page explains every change with precise statutory references and an operational checklist.

• **D.Lgs. 30/2026** — published in Italy's Official Journal No. 56 on 9 March 2026, in force from **24 March 2026**, substantive obligations apply from **27 September 2026**.
• **Amends the Italian Consumer Code** (Legislative Decree 206/2005) — Articles 18 (definitions), 21 (environmental and sustainability claims), 22 (misleading omissions), 23 (practices misleading in all circumstances), 48 and 49.
• **New statutory definitions**: environmental claim, generic environmental claim, sustainability label, durability, reparability index.
• **Practices prohibited in all circumstances** (Article 23, new letters): (b-bis) sustainability labels not based on independent third-party certification or not established by a public authority; (d-bis) generic environmental claims ("eco", "green", "natural", "eco-friendly", "biodegradable", "climate-friendly") without recognised excellent environmental performance; (d-ter) whole-product claims when only one aspect is concerned; (d-quater) climate-neutrality / CO₂-neutral / zero-impact claims based exclusively on emissions offsetting.
• **Same-medium substantiation rule** (Article 21(2)(b-quater)): for every generic environmental claim, the specification of excellent performance must be provided "in clear and prominent terms through the **same medium of communication**" as the claim itself.
• **Future-oriented claims** (Article 21(b-ter)): pledges of future environmental performance require clear, objective, publicly verifiable commitments, a detailed implementation plan with measurable milestones, and **independent third-party verification**.
• **AGCM administrative fines**: €5,000 to €10,000,000 per infringement under Article 27 of the Consumer Code. For coordinated cross-border breaches (EU Regulation 2017/2394): up to **4% of annual turnover** in the member state concerned.
• **Pre-decree cases already decided by AGCM**: GLS Italy €8M (January 2025), Shein €1M (PS12709, August 2025), San Benedetto moral suasion (PS12596, August 2025), Ferrarelle "Zero Impact" (2012), Eni Diesel+ €5M (2020, annulled by the Council of State in 2024).

Timeline — From 24 March to 27 September 2026

The decree sets two distinct dates. **24 March 2026** is the **entry-into-force date**: from that day the decree is part of the Italian legal system and any new commercial communication that meets the substantive elements of the new prohibited practices could already be challenged in civil litigation under the existing UCPD framework as supplemented by the decree's new definitions. **27 September 2026** is the **application date** for the substantive obligations: from that day the AGCM can open formal proceedings under the specific new practices added to the Consumer Code. **There is no grace period for stock already in distribution**: every label, every web page, every advertising campaign visible to Italian consumers on 27 September 2026 must be compliant. The EU EmpCo Directive does not provide a sell-through allowance, and the Italian decree does not introduce one.

The New Prohibited Practices — Articles 21, 22 and 23 of the Consumer Code

D.Lgs. 30/2026 introduces two categories of change into the Italian Consumer Code. The first is a series of **new commercial practices considered misleading in all circumstances** (Article 23) — Italy's blacklist, equivalent to Annex I of the UCPD Directive: for these practices, the AGCM does not need to prove potential influence on the average consumer's behaviour — they are prohibited per se. The second is a set of **new transparency rules** under Article 21 covering generic, comparative and future-oriented environmental claims.

Article 23 — Practices prohibited in all circumstances (the blacklist)

• **Letter b-bis** — displaying a sustainability label, badge or eco-stamp **not based on an independent third-party certification system** or not established by a public authority. Prohibited: self-created badges, brand seals, leaf or planet icons that imply certification without being certified.
• **Letter d-bis** — generic environmental claims ("eco", "green", "natural", "eco-friendly", "biodegradable", "climate-friendly", "ecological") without recognised excellent environmental performance of the product or activity. "Recognised excellence" means external certification (EU Ecolabel, EMAS, ISO 14024, COSMOS, GOTS, MSC, ASC, RSPO, EU Organic, Fairtrade International) or a public-authority recognition — not a self-declaration.
• **Letter d-ter** — environmental claim covering **the whole product or whole activity** when it in fact relates only to one aspect. Example: claiming a "100% recycled bottle" when only the body is rPET and the cap and sleeve are not.
• **Letter d-quater** — claims of **climate neutrality, CO₂ neutrality, zero impact, climate neutral, net-zero** and the like **based exclusively on offsetting of greenhouse gas emissions**. Actual emission reductions within the value chain must be the foundation of the claim; offsetting may be mentioned as a complement, never as the basis.
• **Letter l-bis** — presenting as a distinctive feature what is actually **a legal requirement applicable to all products in the category**. Example: claiming as a virtue compliance with a regulatory obligation that every competitor must meet.
• **Letters bb-quinquies to bb-undecies** — new prohibitions on **product durability, reparability index, software updates**: omitting durability information, presenting unnecessary updates as essential, failing to disclose impossibility of repair.

Article 21 — Transparency and "same medium" substantiation

The new **Article 21(2)(b-quater)** introduces the operationally most important rule for anyone managing marketing content: every generic environmental claim must be specified "in clear and prominent terms through the **same medium of communication**" as the claim. Concretely: if the product page says "sustainable", the proof (the certificate, the methodology, the verification) must appear on the same product page — not behind a "learn more" link, not in a remote footer, not on a dedicated ESG page. Same principle for claims on packaging, print materials, banner ads and social. This rule aligns Italy with the BGH Katjes decision of 27 June 2024 (Case I ZR 98/23), which set the same standard in Germany for the term "klimaneutral".

The new **Article 21(b-ter)** governs **future-oriented environmental claims**: "net-zero by 2050", "plastic-free by 2030", "−50% CO₂ vs 2020". To be lawful, such claims require (1) clear, objective and publicly available commitments; (2) a detailed implementation plan with measurable intermediate milestones; (3) **independent third-party verification** of the plan and progress. Generic pledges without a verifiable plan are prohibited.

Case 1 — GLS Italy: €8 Million for "Climate Protect" (January 2025)

On **21 January 2025**, AGCM imposed a joint administrative fine of **€8,000,000** on GLS Italy and its parent company over the "Climate Protect" sustainability programme. AGCM challenged two issues: (1) the programme was presented as **a GLS-funded initiative** to reduce CO₂ emissions, while in reality it was **entirely funded by a surcharge billed to end customers**; (2) the claimed CO₂ reductions were largely based on **offsetting through carbon credits**, not on actual reductions inside the value chain. The sector — parcel logistics and transport — is characterised by high emissions, which aggravated AGCM's assessment. The order is now the **most relevant Italian precedent on transparency of offset-based programmes**.

**Operational takeaway for every business operating in Italy**: if you have a "climate", "green", "eco" or "impact" programme that adds a charge to the customer's bill, you must (1) clearly disclose that the programme is customer-funded, not company-funded; (2) cleanly separate actual value-chain reductions from offset-based reductions; (3) publish the methodology, residual emissions volume, and credit supplier. Without these elements, the programme falls squarely under the new Article 23(d-quater) after 27 September 2026 — and the GLS case shows AGCM will apply the rule even before then.

Case 2 — Shein: €1 Million Fine (PS12709, August 2025)

On **4 August 2025**, AGCM closed proceeding **PS12709** against Infinite Styles Services Co. Ltd, Shein's Irish-based EU operator, with a **€1,000,000** fine. The proceeding — opened in September 2024 following a complaint by consumer association Altroconsumo — identified four categories of violations in the #SHEINTHEKNOW, evoluSHEIN by Design and "Social Responsibility" sections of Shein's EU website: (1) **vague, generic and overly emphatic environmental claims**; (2) **product recyclability claims** found to be "false or confusing" relative to the synthetic fibres actually used and the current state of textile recycling infrastructure; (3) **promotion of the evoluSHEIN collection as ecologically superior** without disclosing the marginal share it represented of total production; (4) **future-oriented pledges** of the type "−25% by 2030" and "net-zero by 2050" **contradicted by Shein's own ESG data**, which showed emissions increasing in 2023 and 2024.

For the **full breakdown of the Shein case** and an analysis of the four violations mapped to Annex I of EmpCo, see our dedicated deep-dive: Shein €1M Fine: A Preview of EmpCo Enforcement 2026. The critical point for 27 September 2026 planning: **Article 13 of Directive 2024/825** sets a minimum of 4% of turnover per member state or at least €2 million. For Shein, the same 2025 violation pattern would now fall under that minimum threshold, in every affected member state, in parallel — no longer the discretionary €1M imposed by AGCM under the pre-EmpCo Consumer Code framework.

Case 3 — San Benedetto "CO₂ Zero Impact" — Moral Suasion (August 2025)

Proceeding PS12596 closed in August 2025 with a **moral suasion** — no fine, but binding commitments accepted from Acqua Minerale San Benedetto. The company removed the "CO₂ Zero Impact" claim from the Ecogreen bottle line — labels, packaging, website and TV ads — and added a QR code linking to the sustainability page with the calculation methodology. The case matters for two reasons: (1) it is the **second AGCM action in the bottled-water sector** (after Ferrarelle in 2012), confirming the sector as an enforcement priority; (2) moral suasion without a fine shows AGCM applies a graduated approach — fines come when the company does not cooperate or when the violation is severe; moral suasion is the exit ramp for those who remediate quickly. **After 27 September 2026, under the new Article 23(d-quater), the same offset-based "CO₂ Zero Impact" claim becomes a per-se prohibited practice** — moral suasion will no longer be automatically available.

Case 4 — Eni Diesel+: The Ruling that Redefined "Green Claim"

In **2020 AGCM imposed a €5 million fine on Eni** for misleading advertising of the Eni Diesel+ fuel presented as "green". In **April 2024 the Council of State annulled the order**, establishing a foundational principle: in Italian law, a "green claim" is not presumed merely from the use of the word "green" or "verde" — the assessment requires contextual analysis of the overall message and the average consumer's expectation. The ruling left an ambiguity that D.Lgs. 30/2026 now definitively resolves: after 27 September 2026, the **lists of prohibited terms in Article 23** make contextual analysis unnecessary for the most cited words ("eco", "green", "natural", etc.). The presumption now operates in reverse: a term on the list is prohibited in all circumstances, absent proof of external excellence certification on the same medium.

Sectors Under AGCM Pressure

AGCM decisions from 2011 to 2025 show a clear pattern of sector priorities. Businesses operating in Italy in these sectors should plan internal audits well before 27 September 2026:

• **Textile and fashion**: Shein 2025; AGCM cooperated with the European CPC Network on the 2024 airline-greenwashing case and is replicating the model in textiles. Italian and international brands with "sustainable", "eco", "green", "eco-conscious capsule" claims are the next probable target.
• **Mineral water and beverages**: Ferrarelle 2012 + San Benedetto 2025 = two formal actions in 13 years. Every new "zero impact", "CO₂ neutral" or "sustainable" claim on Italian water bottles is a historic AGCM priority.
• **Logistics and transport**: GLS €8M case of January 2025. Customer-funded offsetting programmes with "CO₂" reduction claims are high risk. Shippers, couriers and e-commerce operators with customer-paid "carbon-neutral delivery" must review claims immediately.
• **Energy, oil & gas and fuels**: the Eni Diesel+ ruling set the case law. Plenitude, Saras, Q8 and every energy operator with "green" marketing is under informal observation even where no formal proceeding is open.
• **Food and agriculture**: Fileni proceeding ongoing. Codacons and Altroconsumo actively monitor the food sector for "sustainable", "natural" and "animal welfare" claims. The Lavazza UK 2025 case (ASA, not Italian) suggests AGCM will follow on coffee and single-ingredient products.

Compliance Checklist — What to Do Before 27 September 2026

1. **Claims inventory**: catalogue every environmental claim visible to Italian consumers — homepage, product pages, descriptions, blog, social, email marketing, packaging, print materials, press releases, ESG pages. A single term like "sustainable", "eco" or "natural" on a public page counts.
2. **Classify each claim** against the new D.Lgs. 30/2026 categories: generic (Article 23 d-bis), partial-presented-as-total (d-ter), offset-based neutrality (d-quater), self-created badge (b-bis), unsubstantiated future claim (Article 21 b-ter). Every claim either falls into one of these categories or remains lawful.
3. **For every generic claim** you want to keep, obtain or cite the **recognised excellence certification** (EU Ecolabel, EMAS, ISO 14024, COSMOS, GOTS, MSC, ASC, RSPO, EU Organic, Fairtrade) and publish the certificate number **on the same medium** where the claim appears. Without certification, the claim must be removed or rewritten in specific quantitative form.
4. **For every climate-neutrality claim** ("climate neutral", "CO₂ neutral", "zero impact"), remove the claim if based exclusively on offsetting. Replace it with a quantitative formulation: "−X% Scope 1+2 emissions vs base year [YYYY], verified by [auditor]. Residual emissions of Y tCO₂e/year are offset via [Gold Standard / VCS certified project] as an additional contribution to reduction." See practical examples in Replace Carbon Neutral: 12 Compliant Alternatives.
5. **For every self-created sustainability badge or label** (leaf logo, "eco-choice" seal, "green by [brand]", "climate-friendly verified [brand]"), remove it or replace it with a reference to an independent third-party certification with visible certificate number.
6. **For future-oriented claims** (net-zero, −X% by 20XX), publish a detailed implementation plan with measurable intermediate milestones, align with SBTi or equivalent, and obtain independent verification of the plan. A pledge without a verifiable plan is prohibited.
7. **Document the substantiation file** for every claim retained: third-party certificate, LCA calculation methodology, verification audit, data sources. AGCM requests documentation at the first inspection; absence of documentation reverses the presumption against the business.
8. **Periodic re-audit**: supplier feeds, e-commerce plugin updates and social campaigns reintroduce prohibited claims. Schedule an automated monthly site scan (see how to check a website for greenwashing) and a quarterly review of offline material.
9. **Train marketing and product teams** on the new Articles 21, 22 and 23 of the Consumer Code. Most non-compliant claims are introduced inadvertently by copywriters or product teams unaware of the blacklist. A 30-minute training session eliminates the most common source of risk.

Frequently Asked Questions