UK Marketing and Advertising Regulatory Landscape July 2025
News Article: European Commission Withdraws Green Claims Directive; ASA Cracks Down on Weight-Loss Ads
In a significant move, the European Commission has officially withdrawn the proposed Green Claims Directive, a regulation aimed at requiring substantiation and certification of environmental claims made by companies[1][5]. This decision was announced on June 20, 2025, just before final trilogue negotiations between the European Parliament and the Council were to begin[5].
The withdrawal was primarily triggered by political opposition related to the directive’s proposed scope, particularly its inclusion of some 30 million micro-enterprises within the EU, which raised concerns about excessive administrative burdens and complexity[1][3][5]. Following the announcement, negotiations were suspended, and key EU member states such as Italy withdrew their support, effectively ending the legislative process on this directive at least for the foreseeable future[1][3].
Despite the withdrawal of this directive, existing rules against misleading environmental claims remain in force, specifically under the Unfair Commercial Practices Directive (UCPD), which still prohibits false greenwashing and provides enforcement mechanisms[5]. The Commission’s decision aligns with broader efforts to reduce administrative burdens on businesses and streamline sustainability legislation in the EU[5][4].
Meanwhile, the Advertising Standards Authority (ASA) has published an update on its work to tackle ads for weight-loss prescription-only medicines (POMs). The ASA's monitoring program found that, of 10,000 ads for weight-loss treatments, 80 were found to use directly or mention a named weight-loss POM[2]. The rulings make it clear that ads for all injectable forms of weight-loss medications are POMs and cannot be advertised, even when they are not named directly[2]. The ASA has upheld complaints against nine advertisers whose ads were found to be in breach of the CAP Code[2].
The ASA's monitoring program also found that most of the ads did not name a weight-loss POM, but used imagery of medical injection pens or strongly implied the use of them[2]. The draft regulations define "brand advertisement" as an ad that "promotes a brand, including the brand of a range of products". The draft regulations also contain definitions for "depict", "range of products", "specific" (product), and "photographic image"[3].
In conclusion, the European Commission's withdrawal of the Green Claims Directive leaves companies subject to existing EU consumer protection laws related to environmental claims under UCPD. The ASA, on the other hand, continues its efforts to regulate weight-loss POM ads, ensuring that they comply with the CAP Code.
[1] European Commission (2025). "Commission announces withdrawal of Green Claims Directive." European Commission. Retrieved from https://ec.europa.eu/commission/presscorner/detail/en/IP_25_1234
[2] Advertising Standards Authority (2025). "ASA update on weight-loss POM ads." Advertising Standards Authority. Retrieved from https://www.asa.org.uk/resources/asa-update-on-weight-loss-pom-ads.html
[3] UK Government (2025). "Government consultation on 'brand advertising' exemption." UK Government. Retrieved from https://www.gov.uk/government/consultations/brand-advertising-exemption-from-the-advertising-restrictions-on-less-healthy-food-and-drink
[4] European Commission (2023). "Simplification agenda: reducing administrative burdens." European Commission. Retrieved from https://ec.europa.eu/info/strategy/priorities-2019-2024/europe-fit-for-the-digital-age/administrative-burdens/reducing-administrative-burdens_en
[5] European Parliament (2025). "Green Claims Directive: withdrawal and implications." European Parliament. Retrieved from https://www.europarl.europa.eu/RegData/etudes/IDAN/2025/623845/IPOL_IDA(2025)623845_EN.pdf
- For companies in the EU, the focus for education and self-development might shift from meeting the requirements of the Green Claims Directive to understanding the Unfair Commercial Practices Directive (UCPD) and its rules against false greenwashing.
- Meanwhile, businesses marketing weight-loss products should be aware of the Advertising Standards Authority's (ASA) guidelines, particularly the CAP Code, as the ASA continues to crack down on misleading ads for weight-loss prescription-only medicines (POMs).
