Cited by 1Environmental Sustainability in BusinessEuropean and International Contract LawComparative International Legal Studies

The Fight Against Greenwashing in the European Union: Directive (EU) 2024/825 of the European Parliament and the Council, of February 28, 2024, and the Portuguese Case

Open access
Costa Machado, Sérgio Manuel da·2025·CUADERNOS DE DERECHO TRANSNACIONAL

Abstract

In contemporary society, issues of environmental protection are a constant concern and can challenge acquired habits, as well as the acquisition of goods and products. Thus, the consumer is called to have an active and proactive role in sustainable development, as their choices, to a certain extent, will focus on goods and services that are less harmful to the environment.It is certain that humans, as consumers, need to acquire goods and services to meet their essential needs and, in this sense, play a primordial role in the development of the economic and commercial circuit, aiming to address their deficiencies. To do so, they need true, reliable information about the products and services they intend to acquire so that they are sustainable and less harmful to the environment.However, in commercial relations between professionals and consumers, advertising practices are used by economic agents to claim that their products, goods, and services are the least harmful to the environment. This is where greenwashing comes in, which is nothing more than a false environmental claim aimed at suggesting or giving the impression, through advertising or marketing campaigns, that a certain product, good, or service has a less harmful environmental impact. But, in reality, such environmental claims are unfounded, inaccurate, incorrect, or even false.Following the European Green Deal, around the circular economy, there is a concern by the European Union in combating greenwashing practices, ecological bleaching, or eco-bleaching. In this fight, the Directive (EU) 2024/825 of the European Parliament and the Council, of February 28, 2024, emerges, aiming to combat unfair commercial practices that prevent consumers from making the most sustainable choices for the environment.

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Crossref · 10.20318/cdt.2025.9333

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  • The ECGTD has already established a robust ex-post system where traders must have verifiable, third-party proof ready upon request for their most significant claims.

    “The ECGTD has thus already established a robust (da Costa Machado 2025, 355) ex-post system where traders must have verifiable, third-party proof ready upon request for their most significant claims.”
  • The EU's dual-track enforcement model powerfully complements private litigation with public enforcement, as national competition and consumer authorities can impose fines for misleading practices that harm the market, creating a credible threat that discourages brand dilution.

    “In the EU, while private litigation over damages faces similar challenges, the system is powerfully complemented by public enforcement (da Costa Machado 2025). National competition and consumer authorities can impose fines for misleading practices that harm the market, creating a credible threat that discourages the very kind of brand dilution seen in the shǒuliúdàn case.”

Authors
Costa Machado, S. M. D.
Venue
CUADERNOS DE DERECHO TRANSNACIONAL
Published
2025-03-19
Volume
17
Issue
1
Pages
353-365
ISSN
1989-4570 (ISSN-L)
OpenAlex
W4408924697
Cited by
1
References
0
Citations by year
2026: 1
FWCI
1.75
Type
journal article
Language
en
Open access
Locations
CUADERNOS DE DERECHO TRANSNACIONAL (publishedVersion)
Topics
  • Social Sciences › Business, Management and Accounting › Marketing › Environmental Sustainability in Business
  • Social Sciences › Law › European and International Contract Law
  • Social Sciences › Political Science and International Relations › Comparative International Legal Studies
Keywords
greenwashing, unfair commercial practices, environmental claims, consumer protection, sustainable consumption, European Green Deal, circular economy, green marketing, European Union law

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