Combating Greenwashing: An Overview of French Law

Greenwashing is now a key focus of French consumer and environmental law. A range of tools is available to challenge misleading environmental claims. Fines can reach several million euros, and recent case law reflects a rise in litigation in this area. New EU rules, expected to be implemented through the transposition of Directive (EU) 2024/825, should further strengthen this framework.

THE LEGAL FRAMEWORK GOVERNING MISLEADING COMMERCIAL PRACTICES

According to the United Nations, greenwashing involves misleading the public into believing that a company or organization is doing more to protect the environment than it actually is.[1] Under French law, these practices are primarily addressed by the framework governing misleading commercial practices set forth in Articles L.121-1 and L.121-2 of the French Consumer Code.

An environmental claim may thus be sanctioned if it is based on false or misleading claims concerning, in particular, the substantial qualities, composition, environmental impact, or test results of a product or service, and if it is likely to materially alter the economic behavior of an average consumer.

According to data published by the Directorate General for Competition Policy, Consumer Affairs, and Fraud Control (Direction générale de la concurrence, de la consommation et de la répression des fraudes) (DGCCRF) in October 2025, 15% of the companies surveyed between 2023 and 2024 engaged in greenwashing.[2]

WHO CAN TAKE ACTION AND HOW?

Several categories of stakeholders are likely to take action against misleading environmental claims:

• Nonprofit organizations, such as consumer associations or environmental protection associations;
• Commercial companies, acting against their competitors to preserve fair competition;
• The public prosecutor’s office, often following an investigation led by the DGCCRF; and
• Consumers who suffered personal and direct loss.

Such actions can take various forms, such as:

• Civil Proceedings: plaintiffs may seek an interim injunction to quickly stop a disputed environmental claim and/or bring proceedings on the merits to recover compensation for the loss suffered; and
• Criminal Proceedings: following investigations led by the DGCCRF, criminal charges may be filed, potentially resulting in the imposition of significant fines as mentioned below.

PROHIBITED OR STRICTLY REGULATED ENVIRONMENTAL CLAIMS

While the legal framework governing misleading commercial practices is often used to combat greenwashing, French lawmakers have gradually established a specific framework applicable to certain environmental claims.

• The terms “biodegradable,” “environmentally friendly,” or any equivalent term;[3]
• The terms “like new,” “as new,” or “as good as new” when used in reference to a refurbished product;[4] and
• Descriptors such as “non-toxic,” “non-polluting,” or “ecological” when they are inconsistent with the regulatory classification of the product at issue.[5]

Certain claims are permitted but only under certain conditions. For example, the claim “carbon neutral” is permitted only if the public has easy access to detailed information regarding the product’s greenhouse gas emissions, the reduction and avoidance measures implemented, and the residual offset mechanisms, which must be measurable, verifiable, permanent, and additional.[6]

Claims regarding recyclability are subject to particularly strict technical criteria. For instance, the claim “mostly recyclable” is only allowed for some waste-generating products if:

• the product can be effectively collected on a territory-wide basis;
• the product can be sorted to recyclable pathways;
• the product can be recycled on an industrial scale;
• the recycled material represents more than 50% by mass of the waste collected; and
• there are no substances disrupting the recycling.[7]

POTENTIALLY SEVERE SANCTIONS

Misleading commercial practices based on environmental claims may be subject to a fine of up to 1.5 million euros for companies[8]. This amount may be increased to either 10% of the average annual turnover or 80% of the expenses incurred in committing the offense.[9]

If the disputed communication was made online or electronically, the fine can reach 3.75 million euros for companies[10]. Legal entities are also subject to various additional sanctions, including a ban on engaging in certain activities.[11]

Furthermore, the improper use of “carbon neutral” claims is specifically punishable by a fine of up to 100,000 euros for legal entities, which may be increased to the total cost amount spent in committing the offense. [12]

RAPIDLY EXPANDING CASE LAW AND ENFORCEMENT

Rulings issued over the last two years illustrate the diversity of contested claims and the increasing severity of sanctions.

Some of the most significant cases include the following:

• In 2024, the Paris Court of Appeal ruled against a manufacturer of baby diapers that claimed the product, among other things, contained “0% harmful products,” was presented as a “global innovation,” and was “made in France” with a “low carbon footprint,” by awarding 40,000 euros in damages to a competitor and ordering the company to cease using the advertising materials in question[13]. Notably, in June 2025, the Nanterre Economic Activities Tribunal ordered the removal of communications claiming the absence of allergens, endocrine disruptors, or parabens;[14]
• In July 2025, the DGCCRF announced a settlement of 40 million euros between the public prosecutor’s office and a fast-fashion company for misleading commercial practices, including an environmental claim that was insufficiently substantiated (a 25% reduction in its greenhouse gas emissions) and misleading price reductions;[15]
• In October 2025, the Paris Judicial Tribunal ruled against communications regarding a goal of carbon neutrality by 2050, ordering, in particular, the removal of the disputed content subject to a daily penalty and the publication of the judgment;[16]
• In March 2026, the judge presiding over summary proceedings at the Lille Judicial Tribunal ordered the cessation of the marketing of products claiming to be “cleaner and healthier for man and the environment” without sufficient justification;[17] and
• In June 2026, a company selling plastic water bottles labeled as “carbon neutral,” “100% recycled,” or “100% recyclable” was found guilty of deceptive business practices, ordered to pay 75,000 euros to a nonprofit organization, and required to publish the judgment on its website for six months (the claims had been discontinued prior to the ruling). The judges specifically noted that the “carbon-neutral” claim was not sufficiently substantiated and that the statements regarding recycling were inaccurate.[18]

These decisions demonstrate that French courts no longer hesitate to order the rapid removal of disputed claims and that the risk of criminal sanctions is significant.

The DGCCRF also plays a major role in combating greenwashing. In 2023 and 2024, it inspected more than 3,000 establishments, particularly in sectors where environmental claims are common (textiles, cosmetics, and furniture), resulting in more than 430 compliance orders, more than 70 administrative fines and criminal citations, and more than 500 warnings issued by investigators.[19]

STRENGTHENING THE EUROPEAN FRAMEWORK STARTING SEPTEMBER 2026

Directive (EU) 2024/825 of February 28, 2024, known as the Empowering Consumers for the Green Transition Directive, specifically aims to “tackle unfair commercial practices that mislead consumers and prevent them from making sustainable consumption choices, such as […] misleading environmental claims.”

The directive provides for:

• A ban on generic environmental claims when excellent environmental performance that is recognized and relevant to the claim cannot be demonstrated;
• Regulations governing statements regarding future environmental performance, which must be based on clear, objective, publicly accessible and verifiable commitments set out in a detailed and realistic implementation plan;
• A ban on certain claims based on offsetting greenhouse gas emissions;
• A ban on sustainability labels that are not based on a certification system or that have not been established by public authorities; and
• A ban on presenting characteristics that are simply required by law as a competitive advantage.

The European legislature has stipulated that the new regime must be transposed by March 27, 2026 and enter into force by September 27, 2026.

The DDADUE bill currently under discussion in Parliament aims to ensure the transposition of these new requirements into French law, specifically by introducing the legal definitions of “environmental claim” and “generic environmental claim” into the French Consumer Code.

KEY FINDINGS

• Environmental claims are subject to particularly strict legal scrutiny;
• Many stakeholders (nongovernmental organizations, commercial companies, and the public prosecutor’s office) do not hesitate to combat greenwashing using the available legal tools (in civil and criminal law);
• Financial sanctions can reach significant amounts, particularly for communications disseminated online;
• To minimize risk, companies must be able to objectively, precisely, and concretely substantiate any environmental claim and in some cases make information available to consumers; and
• The transposition of Directive (EU) 2024/825 should further strengthen the legal tools to combat greenwashing.

Law clerk Lizy Kim contributed to this LawFlash.