Action against greenwashing, false durability claims and digital claims: the provisions of the Fttv. have been amended

The provisions on the green transition entered into force in Hungary on 27 September 2026. They aim to strengthen consumers' role through better information and to protect them against unfair practices. The amendment affects Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices towards Consumers ("Fttv."), which was amended following Directive (EU) 2024/825 of the European Parliament and of the Council. New concepts, requirements and prohibitions have been introduced into Hungarian law, mostly relating to various "green" claims, and the range of blacklisted practices has also been extended.

1. New concepts in the digital and sustainable economy

The amendment introduced concepts related to the green transition and the digital economy. This allows the law to keep pace with technological development and environmentally conscious consumer demand, and supports informed consumer decisions.

The concept of goods has been defined, including a version containing digital elements, so after the amendment there are two concepts of goods.

"Goods" means any movable property, as well as water, gas and electricity.
"Goods with digital elements" is a special form of the concept of goods. It means goods that incorporate digital content or a digital service, or that cannot function without it.

One of the major achievements of the amendment is the introduction of the concept of a sustainability label, which opens the way to regulating eco-labels. Such a label can be used to promote or distinguish a product, process or business on the basis of environmental or social characteristics. The label may be public or private-sector.

The definition of an environmental claim is a key cornerstone, because false commercial communication can only be sanctioned if it is established what falls within the scope of such claims. By definition, such a claim states or implies that a given product, product category, brand or business

has a positive impact on the environment,
has no impact on the environment,
is less harmful to the environment, or
has improved its environmental impact over time.

A special case of the environmental claim is the "generic environmental claim". This is a claim made in written or oral form that

does not appear on a sustainability label, and
is not accompanied by a clear and prominent explanation of the claim on the same medium of communication on which the claim is made.

Also worth highlighting is the introduction of the concept of a certification scheme, which can be used to verify that a product, process or business meets certain requirements.

Further concepts have also been introduced, which likewise serve the proper assessment and regulation of individual environmental claims.

2. New requirements and prohibitions on "green" claims

The amendment added requirements and prohibitions to the law that seek to curb misleading and false claims of environmental friendliness and protection. This promotes informed, environmentally conscious consumer decision-making, and helps market players whose environmental credentials are proven. To present them in an orderly way, we have to briefly review the structure of the Fttv.

a.) The structure of Fttv.

The Fttv. states in general terms that unfair commercial practices are prohibited. It also specifies various categories and cases, which the act divides into two branches:

misleading commercial practices,
aggressive commercial practices.

In addition, there are practices that the annex to the Fttv., commonly known as the "blacklist", prohibits in all circumstances. The introduced amendments affect misleading commercial practices and the blacklist also.

Misleading commercial practices can themselves be divided into two types: misleading actions and misleading omissions. The law is amended in both categories.

b.) Misleading actions

Among misleading actions, the law prohibits the following in relation to the main characteristics of a product:

providing false information, or
presenting a true fact in a misleading way.

The amendment extends the list of main characteristics to include:

claims relating to circularity,
claims relating to environmental and social characteristics,
claims relating to health effects,
claims relating to testing, verification or their results.

As a result, false or untrue claims about these characteristics can be sanctioned since the entry into force of the amendment.

Among misleading actions, the law now also includes making an environmental claim about future environmental performance without:

commitments set out in a detailed implementation plan, and
regular verification of it by an independent third-party expert.

In addition, advertising a benefit is also prohibited where it is irrelevant and does not result from a characteristic of the product or the business.

c.) Misleading omissions

The prohibition of misleading omissions also covers hiding material information or providing it in an unintelligible way. The amendment adds material information concerning product comparison services. If such a comparison provides information about the following features of the products or their suppliers:

environmental characteristics,
social characteristics, or
circularity aspects (f. ex. recyclability),

then this information also counts as material information. This means that concealing these aspects, or communicating them unintelligibly, may also constitute a misleading commercial practice.

3. Extension of the blacklist

The blacklist has been extended with twelve new practices. Most relate to false environmental claims, but some prohibit practices connected to digital regulation. The listed conduct is unquestionably covered by the prohibition of unfair commercial practices, so its unlawfulness cannot be disputed if it occurs.

The following have become blacklisted practices in connection with environmental claims:

sustainability labels displayed without justification;
claims of this kind made without substantiation;
claims of this kind about the whole product or business when they actually relate only to a specific aspect of the product or a specific operation of the business;
claims which, on the basis of carbon-emission offsetting, state that a good has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions;
presenting legal requirements as a distinctive feature.

Conduct that encourages overconsumption, relating to durability and repairability, has also become prohibited. Examples include:

commercial communication about goods where the trader holds information that limits the goods' durability;
falsely claiming that goods have a specified level of durability in terms of usage time or intensity under normal conditions of use;
presenting goods as repairable when they are not;
encouraging consumers to replace or replenish the consumables of goods earlier than necessary;
withholding information that using spare parts or accessories not supplied by the original manufacturer will impair the functionality of the goods;
falsely claiming damage where spare parts or accessories not supplied by the original manufacturer are used.

Blacklisted practices have also been defined under digital regulation, such as:

withholding information that a software update will negatively affect the operation of goods with digital elements, or the use of the content or service;
presenting a software update as necessary when it only improves functionality features.

4. Summary: where does the EU regulation stands now?

The amendment is a significant step towards curbing false and misleading claims of environmental friendliness and protection, and arbitrarily used eco-labels. The introduction of the concept of sustainability labels, the setting out of the procedure required to obtain them and its principles, and the extended range of prohibited practices together can lay the foundations of an appropriate, legally regulated and reliable framework for labels that inform consumers. After entry into force, the eco-labelled products on store shelves will be only those backed by recognised, credible performance, so the labels give genuine, reliable marking to environmentally friendly products.

However, the EU legislation will not stop here. Further legal acts are expected on substantiating and communicating explicit environmental claims, which will further harmonise and tighten the rules and detail the conditions in the consumers' favour.