José Eduardo Martins explains new rules to curb greenwashing at event with Smart Waste Portugal
José Eduardo Martins explained the directive on empowering consumers for the green transition at the event on “Greenwashing and Green Claims: Challenges and Regulation”, organised by Abreu Advogados and the Smart Waste Portugal Association, which took place on 18 March at 2:00 pm at the Abreu Advogados Auditorium in Lisbon. The Abreu Advogados partner and expert in Environmental Law opened the event and later returned to the stage to discuss a specific detail of Directive 2024/825 of the European Parliament and the Council.
This European regulation aims to protect consumers from environmental claims that may mislead them regarding the environmental and social impacts of their consumption choices, as well as the durability and repairability of products. During his speech, José Eduardo Martins emphasised the urgency of tackling greenwashing, stressing that the new regulation seeks to ensure that environmental claims are comparable, credible, and reliable, enabling consumers to make informed decisions.
According to the expert, pressure on resources and sustainability has increased significantly, as the global population has grown from 6 to over 8 billion people in the last 23 years. The European Union is seeking to address these challenges through the Circular Economy Action Plan and the new Greenwashing Directive, which includes concrete measures to regulate environmental claims made by businesses. One of the key concerns addressed in the directive is the prohibition of generic environmental claims, ensuring that any such statements must be supported by clear, objective, publicly available, and verifiable commitments. José Eduardo Martins illustrated this requirement by explaining that a claim such as “this packaging is climate-friendly” would be considered too vague and therefore prohibited, whereas a statement like “100% of the energy used to produce this packaging comes from renewable sources” would be acceptable, as it is specific and verifiable.
In addition to regulating environmental claims, the directive also sets minimum standards for product development to make them more sustainable, durable, and environmentally friendly. Another significant innovation is the right to repair, which aims to ensure that consumers can repair their products rather than simply discarding them and purchasing new ones. José Eduardo Martins also highlighted a 2020 European Commission report that revealed that 53% of environmental claims are vague, misleading, or unfounded, and that in 40% of cases, there is no supporting evidence for these claims. Furthermore, he pointed out that half of the eco-labels available in the European market have weak or non-existent verification, with hundreds of sustainability and green energy certifications varying widely in terms of transparency.
With the entry into force of Directive 2024/825, misleading environmental claims will be considered an unfair practice in all circumstances. According to José Eduardo Martins, the ultimate goal is to ensure that all environmental claims are fair, clear, and reliable, allowing consumers to make informed and confident choices.
The event aimed to raise awareness and promote knowledge sharing and best practices in circularity. Throughout the afternoon, the discussion focused on the importance of equipping businesses with tools and knowledge so they can effectively respond to regulatory challenges, comply with their legal obligations, and foster more transparent communication.
The panel discussion also featured Fernanda Ferreira Dias (DGAE – Direção-Geral das Atividades Económicas), Lucila de Almeida (NOVA School of Law), Gonçalo Lobo Xavier (APED – Portuguese Association of Distribution Companies), and Aires Pereira (Smart Waste Portugal Association).
