Health and green claims
Green and environmental claims rules compared
Short answer
- European Union
- Directive (EU) 2024/825, national measures apply from 27 September 2026 1
- EU Green Claims proposal
- Adopted by the Commission in March 2023, listed as pending 5
- United Kingdom
- CMA Green Claims Code, published 20 September 2021 2
- Australia
- ACCC guide for business dated 12 December 2023 4
European Union: new bans in the unfair practices list
Directive (EU) 2024/825 of 28 February 2024 amends the Unfair Commercial Practices Directive 2005/29/EC. Member states had to adopt their measures by 27 March 2026 and apply them from 27 September 2026 1.
The directive adds practices to the list that is banned in all cases. These include displaying a sustainability label that is not based on a certification scheme or set up by public authorities, making a generic environmental claim the trader cannot demonstrate, making a claim about the entire product or business when it concerns only part, and claiming a neutral, reduced or positive impact based on offsetting greenhouse gas emissions 1.
A separate proposal for a Directive on Green Claims was adopted by the Commission in March 2023. The Commission's green claims page lists it as pending 5.
United Kingdom: the Green Claims Code
The Competition and Markets Authority published its guidance on 20 September 2021. It is based on the Consumer Protection from Unfair Trading Regulations 2008 and sets six principles 2.
United States: the FTC Green Guides
The Green Guides were first issued in 1992 and revised in 1996, 1998 and 2012 6. The FTC sought public comment on updates on 14 December 2022 and held a workshop on recyclable claims in May 2023. Its Green Guides page lists no revised guides since then 6.
The guides set out the FTC's current views and do not bind the FTC or the public 3. They define competent and reliable scientific evidence as tests, analyses, research or studies accepted in the profession to give accurate and reliable results 3. The guides have sections on carbon offsets, certifications and seals, compostable, degradable, free-of, non-toxic, recyclable, recycled content, refillable and renewable claims 3.
Australia: the ACCC principles
The ACCC says businesses must not make false or misleading claims under the Australian Consumer Law and that environmental claims must be truthful and accurate 4. Its eight principles are: make accurate and truthful claims, have evidence to back up claims, do not hide important information, explain any conditions, avoid broad and unqualified claims, use clear language, make sure visual elements do not give the wrong impression, and be direct and open about sustainability transition 4.
Side by side
| Point | EU | UK | US | Australia |
|---|---|---|---|---|
| Vague claims like eco-friendly | Banned if the trader cannot demonstrate them 1 | Must be clear and unambiguous 2 | Unqualified general claims should not be made 3 | Avoid broad and unqualified claims 4 |
| Carbon offsets | Neutral claims based on offsetting banned 1 | Must not hide important information 2 | Section 260.5 on carbon offsets 3 | Be direct and open about transition 4 |
| Labels and seals | Must be based on a certification scheme or public authority 1 | Must not omit relevant information 2 | Section 260.6 on certifications and seals 3 | Visuals must not give the wrong impression 4 |
| Legal status | Directive applying through national law 1 | Guidance on existing law 2 | Non-binding guides 3 | Guidance on the Australian Consumer Law 4 |
Who enforces
In the UK the CMA can now decide whether consumer law has been infringed and fine a company up to 10% of its global turnover 7. The ASA can act on misleading adverts under its own codes 2.
Common questions
Is carbon neutral banned in the EU?
Directive (EU) 2024/825 bans claiming a neutral, reduced or positive impact based on offsetting greenhouse gas emissions, with national rules applying from 27 September 2026 1.
Are the FTC Green Guides law?
No. They state the FTC's current views and do not bind the FTC or the public 3.
What are the six principles of the UK Green Claims Code?
Truthful and accurate, clear and unambiguous, no hidden information, fair comparisons, full life cycle, and substantiated 2.
Has the EU Green Claims Directive been adopted?
The Commission adopted a proposal in March 2023. Its green claims page lists the proposal as pending 5.
Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@theclaimregistry.com.
Sources
- EUR-Lex: Directive (EU) 2024/825 of 28 February 2024 amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition
- GOV.UK, Competition and Markets Authority: Making environmental claims on goods and services (20 September 2021)
- eCFR: 16 CFR Part 260, Guides for the Use of Environmental Marketing Claims
- ACCC: Environmental and sustainability claims
- European Commission: Green claims
- Federal Trade Commission: Green Guides
- GOV.UK: CMA to boost consumer and business confidence as new consumer protection regime comes into force (7 April 2025)
Related
- Advertising claim substantiation: what the rules require
What the US FTC, UK CAP Code, Canada, India, Australia and the EU require before an advertiser makes an objective claim, and who enforces each rule.
- The EU register of nutrition and health claims
How the EU authorises health claims on food, what the public register lists, EFSA's role, and the rules in Regulation 1924/2006 and Regulation 432/2012.
- How UK ASA rulings work
How the UK Advertising Standards Authority rules on adverts, what upheld and not upheld mean, when rulings are published and what sanctions follow.