LEGAL NEWS IN THE SPOTLIGHT | The Italian Council of State on “green” claims for polluting products

On 23 April 2024, the Italian Council of State issued its judgment in case No. 3701/2024. The Court annulled the Italian Antitrust Authority’s provision that fined a company for spreading false and omissive information about the environmental impact associated with the use of the fuel they marketed. The Court stated that it is not forbidden, in principle, to use “green” claims with respect to products (such as diesel fuel) which, despite being polluting, have a lesser impact on the environment than others. What is prohibited, in relation to any kind of product, is the use of a “green” claim that is not specific, but generic, and which, therefore, could mislead consumers. Hence, the Court concluded that “green” claims can be used for polluting products such as diesel fuel, albeit with specific precautions, such as “supporting” claims (i.e. messages accompanying the main message or other graphic devices that specify and contextualise the information conveyed).

Newsletter n. 96 May 2024