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      Fundamental Rights Report - Challenges and achievements in 2025

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  • Enforcing consumer rights to combat greenwashing
Report / Paper / Summary
7
March
2024

Enforcing consumer rights to combat greenwashing

Tackling greenwashing is an issue where human rights, consumer rights and climate goals align. Companies use greenwashing to convince people to buy products that are not always as environmentally friendly as they claim to be. They mislead consumers and harm the environment. This report shows how a human rights approach can combat greenwashing. It is based on consultations with experts in 10 Member States. The report identifies gaps in existing laws and enforcement. It includes case studies of consumers seeking remedies for misleading environmental claims.
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TABLE OF CONTENT

  • Key findings
    • A human rights approach to environmental protection empowers consumers
    • Environmental protection – the advantages and limitations of consumer laws
    • Adopting more precise legal frameworks to ensure uniform interpretation
    • Ensuring effective enforcement of rights
      • Dissuasive sanctions
      • Rules on burden of proof and disclosure of information
    • Enhancing cohesion of the supervisory system
    • Representative action and procedural rights of civil society organisations
    • Significance of awareness-raising
  • Introduction
    • Human rights implications of ‘greenwashing’
    • Legal and policy background
      • EU law on consumer and environmental protection
      • Recent EU developments addressing greenwashing
      • EU commitment to international instruments
      • Due diligence and reporting
    • Methodology
    • Structure
  • 1. Consumers’ right to reliable information and environmental impact
    • 1.1 Combating greenwashing as a misleading commercial practice
      • 1.1.1. Applying rules on misleading practices in cases of greenwashing
      • 1.1.2. Enforcement
    • 1.2. Carbon-neutral and carbon ‘offsetting’ claims
    • 1.3. Combating greenwashing through advertising regulations
      • 1.3.1. Judicial and administrative measures
      • 1.3.2. Non-binding self-regulatory codes
    • 1.4. Labels and certification
    • 1.5. Aarhus Convention provisions relevant to consumer protection
    • 1.6. Due diligence and reporting obligations
  • 2. Legal requirements for enforcing collective consumer and environmental rights
    • 2.1. Collective consumer actions relating to the environment
      • 2.1.1. Enforcement under general consumer law
      • 2.1.2. Environmental claims regulated by specific legislation
      • 2.1.3. Environmental claims dispersed in different laws
    • 2.2. Legal standing in collective actions relating to the environment
    • 2.3. Requirement of harm and possibility of actio popularis
    • 2.4. Burden of proof in collective consumer and environmental claims
  • 3. Ways forward
    • 3.1. Ensuring effective enforcement of rights
    • 3.2. Enhancing cohesion of the supervisory system
    • 3.3. Representative action and procedural rights of civil society organisations
    • 3.4. Training and awareness-raising
    • 3.5. Guidance for business
    • 3.6. Incorporating sustainability into consumer protection policy
    • 3.7 Due diligence and reporting
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© European Union Agency for Fundamental Rights, 2024

Reproduction is authorised provided the source is acknowledged.

For any use or reproduction of photos or other material that is not under the European Union Agency for Fundamental Rights copyright, permission must be sought directly from the copyright holders.

Neither the European Union Agency for Fundamental Rights nor any person acting on behalf of the Agency is responsible for the use that might be made of the following information.

Luxembourg: Publications Office of the European Union, 2024

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  • ISBN: 978-92-9489-199-0
  • doi:10.2811/520438
  • TK-03-23-211-EN-Q

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  • ISBN: 978-92-9489-200-3
  • doi:10.2811/305427
  • TK-03-23-211-EN-N

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Business and human rights: promoting environmental protection through enforcement of consumer rights

These documents were commissioned under contract as background material for comparative analysis by the FRA for the project ‘Business and human rights: promoting environmental protection through enforcement of consumer rights’. The information and views contained in the documents do not necessarily reflect the views or the official position of the FRA. The documents are made publicly available for transparency and information purposes only and do not constitute legal advice or legal opinion.
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  • Work on rights
  • EU Charter of Fundamental Rights
    EU Charter of Fundamental Rights
    • What are fundamental rights ?
    • What is the EU Charter of Fundamental Rights?
    • Preamble
    • Title I: Dignity
      • 1 - Human dignity
      • 2 - Right to life
      • 3 - Right to integrity of the person
      • 4 - Prohibition of torture and inhuman or degrading treatment or punishment
      • 5 - Slavery / Forced Labour
    • Title II: Freedoms
      • 6 - Right to liberty and security
      • 7 - Respect for private and family life
      • 8 - Protection of personal data
      • 9 - Right to marry and right to found a family
      • 10 - Freedom of thought, conscience and religion
      • 11 - Freedom of expression and information
      • 12 - Freedom of assembly and of association
      • 13 - Freedom of the arts and sciences
      • 14 - Right to education
      • 15 - Freedom to choose an occupation and right to engage in work
      • 16 - Freedom to conduct a business
      • 17 - Right to property
      • 18 - Right to asylum
      • 19 - Protection in the event of removal, expulsion or extradition
    • Title III: Equality
      • 20 - Equality before the law
      • 21 - Non-discrimination
      • 22 - Cultural, religious and linguistic diversity
      • 23 - Equality between women and men
      • 24 - The rights of the child
      • 25 - The rights of the elderly
      • 26 - Integration of persons with disabilities
    • Title IV: Solidarity
      • 27 - Workers' right to information and consultation within the undertaking
      • 28 - Right of collective bargaining and action
      • 29 - Right of access to placement services
      • 30 - Protection in the event of unjustified dismissal
      • 31 - Fair and just working conditions
      • 32 - Prohibition of child labour and protection of young people at work
      • 33 - Family and professional life
      • 34 - Social security and social assistance
      • 35 - Health care
      • 36 - Access to services of general economic interest
      • 37 - Environmental protection
      • 38 - Consumer protection
    • Title V: Citizens' rights
      • 39 - Right to vote and to stand as a candidate at elections to the European Parliament
      • 40 - Right to vote and to stand as a candidate at municipal elections
      • 41 - Right to good administration
      • 42 - Right of access to documents
      • 43 - European Ombudsman
      • 44 - Right to petition
      • 45 - Freedom of movement and of residence
      • 46 - Diplomatic and consular protection
    • Title VI: Justice
      • 47 - Right to an effective remedy and to a fair trial
      • 48 - Presumption of innocence and right of defence
      • 49 - Principles of legality and proportionality of criminal offences and penalties
      • 50 - Right not to be tried or punished twice in criminal proceedings for the same criminal offence
    • Title VII: General provisions
      • 51 - Field of application
      • 52 - Scope and interpretation
      • 53 - Level of protection
      • 54 - Abuse of rights
  • Tools
    Tools
    • EU Fundamental Rights Information System - EFRIS
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