Italy

Relevant legislation or guidelines

• Italian Consumer Code (Legislative Decree 206/2005), particularly the provisions on unfair commercial practices.
• Legislative Decree 145/2007 on misleading and comparative advertising.
• Code of Marketing Communication Self-Regulation, particularly:
  
  • Article 12 on the protection of natural environment.
  • the general principles under Articles 1, 2, 3, 6.
• Article 2598 of the Italian Civil Code on unfair competition.
• IAP (Istituto di Autodisciplina Pubblicitaria)’s Green Claims Brochure.
• Law 208/2015 sec. 1 para. 376-384 on benefit corporations (“società benefit”), indirectly affecting also green claims.
• Article 219, paragraph 5, of Legislative Decree no. 152/2006, as amended by Legislative Decree no. 116/2020 on mandatory environmental labelling requirements.

Is there any upcoming relevant legislation or guidelines?

There is no upcoming specific legislation or guidelines on green claims. 

Who are the responsible authorities or bodies?

• AGCM (Autorità Garante della Concorrenza e del Mercato), which is the Italian Competition Autority.
• IAP (Istituto di Autodisciplina Pubblicitaria), which is the Italian advertising self-regulatory body.
• Judicial authority (civil courts).

What are the enforcement measures?

• The AGCM may proceed with moral suasions or initiate administrative proceedings possibly leading to i) injunctions, ii) administrative fines between Euro 5,000 and Euro 10,000,000 (the upper limit of the penalty has been doubled from EUR 5 million to EUR 10 million by Legislative Decree 26/2023 implementing the Omnibus Directive), as well as to iii) the publication of the decision;
• the IAP may proceed with moral suasions or initiate proceedings possibly leading to injunctions and the publication of the decisions (IAP does not have the power to issue monetary penalties);
• the judicial authority (civil courts) may, in particular, issue injunctions and/or orders of removal from the market (e.g. of products packaging bearing unlawful green claims) and/or order damages compensation and/or the publication of the decision.

Who can pursue infringements?

• Any party affected by greenwashing (e.g. a consumer or a company) can submit a complaint to the AGCM and/or the IAP.
• Any party affected by greenwashing (e.g. a consumer or a competitor) can bring a civil action before the competent judicial authority.
• AGCM and IAP can proceed with moral suasions or initiate proceedings ex officio.

What are the general rules of thumb for green claims?

• Green claims must be clear, specific and unambiguous. Any vague, unclear or misleading references, information, or visuals about environmental performances must be avoided.
• Green claims must be based on true, pertinent and scientifically verifiable evidence.
• Green advertising must ensure a clear understanding of which aspect of the product, service or activity the claimed benefits to environment refer to.
• The claimed benefits to the environment must not be overestimated.
• It must not be claimed the overall environmental sustainability of i) a product where the green benefits regard only on a component of it or phase of its life cycle or ii) a brand where the green benefits regard only a part of the company’s products or activities.
• Green claims must not focus on impacts which are not in fact relevant for the advertised product.

Do green claims need to be substantiated by evidence?

• Green claims must be supported by factual evidence that can be verified.
• Any claimed green benefits must have been tested and verified before the claim is disseminated.
• The evidence must prove that the green claim is based upon truthful, relevant, updated and scientifically verifiable data.
• In case the green claims are challenged before the competent authorities or self-regulation bodies, the evidence must be provided.