Governance & Policy
Unsubstantiated Claim
Definition
An unsubstantiated claim is an environmental or sustainability claim made without possessing adequate evidence to support it at the time it is made. Under the EU Empowering Consumers Directive (2024/825), generic environmental claims ("eco-friendly", "green") without recognised excellent performance are banned outright; sustainability labels not based on certification schemes or established by public authorities are prohibited; and claims of climate neutrality based on offsetting are banned — each a formalised version of the substantiation duty.
References
This reference provides supporting context for how “Unsubstantiated Claim” is defined and used.
This reference provides supporting context for how “Unsubstantiated Claim” is defined and used.
Overview
How it is used
The category structures advertising enforcement, ASA and court rulings on green claims, marketing compliance processes, and the proposed Green Claims Directive's verification regime.
Why it matters
The unsubstantiated claim is the unit of greenwashing; defining it in law is what turned greenwashing from criticism into liability.