Green claims update: October 2026

Welcome to our round-up of the key legal and regulatory developments relating to green claims. If you have any questions about this, or about wider ESG and sustainability regulatory developments, please get in touch.

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Key updates

SPOTLIGHT: New EU green claims rules now in force!

New rules under the Empowering Consumers for the Green Transition Directive (ECGT) took effect from 27 September 2026, banning certain consumer-facing green claims outright in the EU. This includes: unsubstantiated generic environmental claims (eg "sustainable", "eco"), CO₂ claims based on carbon offsetting, claims presenting minimum legal requirements as distinctive product features, and use of non-compliant sustainability labels. The ECGT also prohibits claims about future environmental performance (eg 'net zero' claims) if not backed up by a publicly available implementation plan and verified by an independent expert whose findings are also made public.

Penalties for non-compliance will be determined at national Member State level, with the highest fines potentially exceeding 4% of annual turnover for the most egregious breaches. EU regulators have published a 'common understanding' proposing a more proportion approach to 'old stock', ie manufactured ordered, distributed, or placed on retailers’ shelves before the 27 September deadline.

EU packaging regulation restricts certain packaging claims

The EU's landmark new packaging regulation, PPWR, kicked in on 12 August 2026. Amongst a raft of measures to regulate packaging use in the EU, the Regulation also restricts certain packaging-related green claims. Packaging claims (eg around recyclability or recycled content) must go beyond the minimum legal requirements in the PPWR and must specify whether they relate to the packaging unit, or to all packaging placed on the EU market. Brands should keep the PPWR's requirements under review as they continue to be phased in, as this will directly impact the type of green claims that can be made.

ASA updates its green claims guidance

The ASA has updated its CAP and BCAP guidance on misleading environmental claims and social responsibility, clarifying how consumers are likely to understand green claims, and the evidence required to support them. The ASA has updated the guide with summaries of key regulatory principles alongside relevant Code rules.

New resources to help advertisers get green claims right

CAP has recently published a new guide 'Greenspeaking with Confidence' and a practical checklist, to support advertisers and marketers throughout the green claims creative process. The guide is centred around five key principles which CAP has identified as being core to developing strong environmental claims - including ensuring transparency and keeping claims closely tied to the underlying evidence.

Law Commission considers potential introduction of UK consumer class actions regime

The Law Commission has launched a new project, sponsored by the Department for Business and Trade, exploring the benefits, risks and potential design of a new consumer class actions regime in the UK. Work on the project will start this Autumn, following a consultation which closes on 30 October. If introduced, a consumer class action regime could significantly increase brands' litigation exposure for consumer law breaches in the UK, including for greenwashing. 

ASA Rulings

Thomas Cook, loveholidays and DialAFlight

The ASA has ruled that paid-for online ads from three travel agencies, Thomas Cook, loveholidays and DialAflight, promoting "eco" or "eco-conscious" resorts and hotels breached the CAP Code because they did not explain the basis for the "eco" claims and which specific environmental initiatives/characteristics were being referred to. According to the ASA, this was material information that consumers needed to decide whether or not to continue with their booking.  Although the online ads had limited space, there should have at least been a linked landing page one click away where consumers could find the relevant information.

Eurowings and Qatar Airways

The ASA has upheld complaints against Eurowings and Qatar Airways over unsubstantiated and speculative emission offset claims in adverts. The ASA found that the adverts created the misleading impression that consumers could "travel consciously" by offsetting up to 100% of the carbon emissions from their flights, however the offsetting schemes were general programmes and the airlines could not demonstrate that the emissions from a consumer's specific flight would be fully offset, or that the environmental impact of the flight was in fact reduced. 

Sector updates

BuzzBallz accused of greenwashing

BuzzBallz, a popular pre-mixed cocktail brand, has been accused of greenwashing after experts revealed that BuzzBallz packaging (a mix of a PET plastic container and aluminium lid) is not recyclable anywhere in the UK, despite the brand making recyclability claims on its website. It is useful reminder to ensure that any recyclability claims are substantiated by real-world collection and sorting processes, and that any qualifications or recycling limitations are clear.

Amazon faces proposed class action over sustainable seafood claims

Amazon is facing a proposed class action in the US over allegations that it misrepresents the environmental benefits of seafood sold through its platform. Plaintiffs Madeleine Rogow and Adam Sorkin claim that product descriptions such as "dolphin safe”, “responsibly sourced”, “sustainable” and “wild caught” are misleading given the current limitations in public tracking of fishing vessels and the fact that at least one-fifth of imported wild-caught seafood is not responsibly or sustainably sourced. The case is in its initial stages.