Green transformation in consumer protection: new obligations in marketing, product longevity, and consumer information

More than two years ago, Directive (EU) 2024/825, also known as the “Empowering Consumers Directive” (hereinafter the “Directive”), was adopted by the European Parliament and the Council. This legislation primarily responds to the increasing occurrence of misleading marketing practices, particularly greenwashing, as well as efforts to artificially shorten product lifespans. The Directive places strong emphasis on the provision of clear and comparable information, enabling consumers to make informed purchasing decisions. As Member States are expected to transpose the Directive by the end of September, we provide an overview of the key changes that businesses will need to address in the near future.

Key Points:

Extension of the ban on unfair commercial practices to so-called greenwashing: a prohibition on false or misleading claims regarding the environmental impact of a trader or a product
Ban on commercial practices that artificially shorten the lifespan and functionality of products: the prohibition is aimed in particular at limiting planned obsolescence, i.e. so-called “built-in failures”
New information obligations for traders: the introduction of harmonised notices and harmonised labels in relation to statutory and commercial guarantees
Entry into force of the legislation no later than 27 September 2026: however, as of the date of publication of this briefing, the directive had not yet been transposed

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