1.4 The Policy and Legislative Landscape

Sustainability is increasingly subject to binding consumer-protection, product and due-diligence requirements. Across the European Union and globally, policymakers have established an extensive, binding legislative framework designed to eliminate misleading commercial practices, stop greenwashing, and protect consumers. For communications and marketing professionals, understanding this regulatory environment is no longer just a legal compliance task; it is a core strategic requirement for brand credibility and market access.

Key Legislation Governing Fashion Communication as of September 2026
Key principles for legal compliance in communication

Under the emerging EU framework, led by the Empowering Consumers Directive, communicators must adopt strict safeguards when drafting product and brand copy:

  • Specific & explicit scope: Claims must explicitly state whether they apply to the entire product, a specific component, or a specific process.
  • No offsetting shortcuts: Claims that a product is "carbon neutral," "climate positive," or "CO₂ compensated" based on purchasing carbon credits outside the company's value chain are prohibited at the product level.
  • Certified or public labels only: Under the Empowering Consumers Directive, displaying a sustainability label that is not based on a certification scheme or established by public authorities is prohibited. Brands can no longer use their own in-house sustainability labels unless they meet the Directive's requirements for a certification scheme, including independent third-party monitoring.
  • No legal minimums as features: Highlighting standard legal requirements (such as compliance with REACH chemical safety limits) as if they were a unique sustainability achievement is classified as an unfair commercial practice.
  • Visual integrity: Using natural imagery (leaves, water drops, green colors) or dark patterns to create an exaggerated impression of environmental benefit is prohibited unless substantiated.

Enforcement is already happening: the UK Competition and Markets Authority (CMA) has investigated major fashion brands over vague environmental language and broad "sustainable choice" collection filters.

Resource for tracking: EU sustainability legislation is evolving quickly. Before relying on any timeline or requirement below, check the GFA Policy Matrix for the latest updates across the EU, Americas and Asia. 

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