Article 12 of the directive clarifies that any claim must be supported by evidence that can be verified by the competent authorities. The trader using the claim must therefore be able to substantiate the environmental claims with adequate, up-to-date evidence that is available from the moment the claim is used. The burden of proof regarding the accuracy of the claim lies with the trader who uses it in commercial communications. Although the primary responsibility normally lies with the party that affixes or uses the claim on the product or in marketing, the retailer or distributor could also be held jointly liable if they were reasonably able to detect that the claim was incorrect or misleading and failed to take corrective measures or discontinue its use. This conclusion does not stem from an explicit provision of the directive, but represents an interpretation consistent with the UCPD framework and with the approach of enforcement authorities regarding unfair commercial practices.
Last modified on 25/09/2026