We do not know which claims are on our own website
Since 27 September 2026, the amended Unfair Commercial Practices Directive treats any voluntary environmental message, including images, logos, brand names and product names, as an environmental claim, and bans several types outright. Audit every page, listing and feed, sort each claim into keep, specify or remove, and give the register an owner who repeats the check when products, suppliers or evidence change.
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Reviewed 4 October 2026 by the Conphora compliance team · Not legal advice
Why this happens
The amended Unfair Commercial Practices Directive, Directive 2005/29/EC, defines an environmental claim broadly. It is any message or representation that is not mandatory under Union or national law, in any form, including text, pictorial, graphic or symbolic representation, such as labels, brand names, company names or product names, which states or implies that a product, brand or trader has a positive or zero impact on the environment, is less damaging than others, or has improved its impact over time (Article 2(o)). A website therefore carries claims in places a text search will miss: badges, colours, icons and names.[1]
Directive (EU) 2024/825 added a set of practices that are unfair in all circumstances, which Member States had to apply from 27 September 2026 (Article 4(1)). Annex I now covers uncertified sustainability labels (point 2a), generic environmental claims without recognised excellent environmental performance (point 4a), claims about the entire product or business that concern only one aspect (point 4b), offset-based claims of a neutral, reduced or positive greenhouse gas impact (point 4c), presenting legal requirements as a distinctive feature (point 10a), false durability claims (point 23g) and presenting a good as allowing repair when it does not (point 23h). Recital 10 of Directive (EU) 2024/825 adds that generic claims such as 'sustainable', 'conscious' or 'responsible' cannot rest on recognised excellent environmental performance alone, because they also concern social characteristics.[1][2]
Claims not on the list are assessed case by case. A practice is misleading if it deceives or is likely to deceive the average consumer about main characteristics such as environmental or social characteristics and circularity aspects (Article 6(1)(b)). Claims about future environmental performance need clear, objective, publicly available and verifiable commitments in a detailed and realistic implementation plan, regularly verified by an independent third-party expert whose findings are available to consumers (Article 6(2)(d)). Comparison services must disclose their method and what is compared (Article 7(7)).[1]
An audit differs from answering one request for proof. It builds the register that every later answer, correction or defence depends on, and it catches claims before a consumer authority, a retailer or a competitor does. Competitors are among the persons who may take legal action under Article 11(1), and in those proceedings courts or authorities can require evidence of factual claims (Article 12).[1]
The recitals give practical examples of what the new points cover: 'climate neutral' or 'CO2 neutral certified' as offset-based claims (recital 12), or 'made with recycled material' when only the packaging is recycled (recital 11).[2]
How to solve it
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Crawl every channel you control
Cover product and category pages, about and blog pages that promote products, marketplace listings, feeds sent to retailers, social posts and packaging images shown online. Capture images, icons, badges and product or brand names too, because a claim can be pictorial, graphic or symbolic.
GreenWashing scannerTools Open the app -
Sort what you find by type
Group the findings: generic wording, claims about the whole product or business, climate claims based on offsetting, sustainability labels, targets for the future, comparisons with other products, legal requirements presented as an advantage, and durability or repair claims. Each type has its own rule.
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Take down the practices that are banned outright
Remove uncertified sustainability labels, generic claims without recognised excellent environmental performance, whole-product claims that concern one aspect, climate claims about a product based on offsetting, legal requirements shown as a distinctive feature, false durability claims and repair claims for goods that cannot be repaired. These need no further assessment.
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Assess the rest claim by claim
For each remaining claim, check whether it could mislead the average consumer, whether evidence exists, whether a future target is backed by a verified implementation plan, and whether a comparison tool states its method and the products compared. Specify or remove what fails.
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Give the register an owner and a trigger for review
Name one person who keeps the claims register and approves new claims. Re-run the check when a product, supplier, certificate or wording changes, and when a new channel is added. The law sets no audit frequency; a claim must be accurate whenever it reaches consumers.
Work through the steps in the platform with your own product.
What you need to show
| Document | Where it comes from | Legal ground |
|---|---|---|
| A claims register: wording or image, channel, product, date, decision | Marketing and e-commerce | Directive 2005/29/EC Article 2(o) |
| The evidence file for every claim kept | The owner of each claim | Directive 2005/29/EC Article 12 |
| Implementation plan and independent verification for future targets | Management and an independent third-party expert | Directive 2005/29/EC Article 6(2)(d) |
| Method, products and suppliers compared, for any comparison service | The team that runs the comparison | Directive 2005/29/EC Article 7(7) |
If you do nothing
Listed practices are unfair without any further test
Annex I lists the practices that are unfair in all circumstances, including points 2a, 4a, 4b, 4c, 10a, 23g and 23h on labels, green claims, legal requirements, durability and repair (Directive 2005/29/EC Article 5(5) and Annex I).[1]
Orders to stop, and a corrective statement
Courts or authorities can order the cessation of an unfair practice, also under an accelerated procedure and without proof of actual loss or of intention or negligence, and may require publication of the decision and a corrective statement (Directive 2005/29/EC Article 11(2)).[1]
Competitors can act as well as authorities
Persons with a legitimate interest, including competitors, may take legal action or bring a practice before an administrative authority (Directive 2005/29/EC Article 11(1)). Where penalties are imposed under Article 21 of Regulation (EU) 2017/2394 (coordinated enforcement), fines must be possible with a maximum of at least 4 % of the trader's annual turnover in the Member States concerned, or at least EUR 2 million where turnover data is not available (Article 13(3) and (4)).[1]
Questions about this problem
Does a brand name or product name count as a claim?
It can. The definition of environmental claim covers any non-mandatory message or representation, in any form, including labels, brand names, company names and product names, that states or implies a positive or reduced environmental impact (Directive 2005/29/EC Article 2(o)).
Are information texts the law requires also claims?
No. A message that is mandatory under Union or national law is not an environmental claim (Article 2(o)). But presenting a requirement that applies to all products in the category as a distinctive feature of your offer is banned (Annex I point 10a), for example advertising the absence of a substance that is already prohibited (Directive (EU) 2024/825 recital 15).
How often must we repeat the audit?
The directive sets no frequency. It assesses each claim as it reaches consumers, so the register has to follow every change in products, suppliers, certificates and wording. Tie the review to those changes rather than to a calendar date alone.
Do comparison tables on our site have extra rules?
Yes. Where a trader provides a service that compares products on environmental or social characteristics or circularity aspects, information about the comparison method, the products compared, their suppliers and how the information is kept up to date is material information (Directive 2005/29/EC Article 7(7)).
Do old blog posts count?
A page counts if it is a representation or commercial communication directly connected with the promotion or sale of a product (Directive 2005/29/EC Article 2(d)). Older posts that still link to products and promote them belong in the audit.
Sources
- Directive 2005/29/EC on unfair business-to-consumer commercial practices (consolidated text of 27 September 2026) EUR-Lex · accessed 4 October 2026
- Directive (EU) 2024/825 on empowering consumers for the green transition EUR-Lex · accessed 4 October 2026
About this page
- Reviewer
- Conphora compliance team
- Reviewed
- 4 October 2026
General information, not legal advice. Check the legal text or ask an adviser about your own product.
Conphora (2026). We do not know which claims are on our own website. Retrieved 13 October 2026 from https://www.conphora.com/solutions/problem/website-claims-audit/
Conphora (2026) We do not know which claims are on our own website. Available at: https://www.conphora.com/solutions/problem/website-claims-audit/ (Accessed 13 October 2026).
@misc{conphora2026wedonotknowwhichclaimsar,
author = {Conphora},
title = {We do not know which claims are on our own website},
year = {2026},
url = {https://www.conphora.com/solutions/problem/website-claims-audit/},
note = {Retrieved 13 October 2026}
} See it working before you add a product
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