Directive 2005/29/EC (as amended by Directives (EU) 2019/2161 and 2024/825)
For consumer brand marketing and legal teams checking whether a claim could be judged misleading under EU consumer law. This page covers what you need to know and ways to avoid running into issues.
What we've seen reported
The Unfair Commercial Practices Directive (UCPD), Directive 2005/29/EC, is the EU's core law on misleading and aggressive business-to-consumer practices, with a blacklist of practices treated as unfair in all circumstances. It was amended in 2019 and 2024.1,2,3
Last updated October 2026 · General information only, not legal advice. Sources.
What the rules cover
These are the kinds of wording the Unfair Commercial Practices Directive and its Annex I blacklist describe, according to its text as amended, and how they tend to show up in real content.1,2,3
| Phrase or term | In practice |
|---|---|
| "Free", "gratis", "without charge" | A product called free when the consumer has to pay anything beyond the unavoidable cost of responding and delivery. |
| "Today only", "last chance" | A false statement that a product is available only for a very limited time, to prompt an immediate decision. |
| Trust marks, quality marks and "approved by" | A trust or quality mark shown without authorization, or a public body approval that was never given. |
| Star ratings and customer reviews | Reviews presented as from real buyers without reasonable steps to check, or false reviews commissioned to promote a product. |
| "Sponsored" and paid search placements | Search results shown without clearly disclosing a paid advertisement or payment for a higher ranking. |
| "Eco-friendly", "green", "climate neutral" | Since September 27, 2026, generic environmental claims and offset-based neutrality claims, added by Directive (EU) 2024/825. |
| "Net zero by 2040" | A future environmental claim without clear, verifiable commitments in a detailed implementation plan. |
National authorities have already fined companies under the laws that put the Directive into effect.
A parcel delivery group was fined over environmental claims about its carbon offset program that the regulator found ambiguous and not verifiable.
Where it goes wrong
One approved claim ends up in many channels, markets and languages. Along the way it gets shortened, translated and reworded, and some versions end up using the very phrases you are trying to avoid.
"Lumo 3 jacket, made with 70% recycled polyester."
How Arbitr helps
Read every version by hand? Or use AI to check what you publish against what you've already approved.
FAQ
Well beyond the ad itself. The Unfair Commercial Practices Directive covers practices before, during and after a transaction, according to its text,1 and we usually find the wording that draws questions in:
Give them the approved wording and a short list of phrases your legal team has asked you to avoid, in every language you publish in. Then ask for every market version back, not just the master. A claim that reads well in English can pick up "today only" or "eco-friendly" in a local edit, which is how we usually see it drift. Our brand compliance page shows how teams track this.
The Directive lets courts and authorities ask a trader for evidence of the accuracy of factual claims, according to Article 12 of its text,1 so keep the proof with the claim. For each one, record the approved wording, the data or test report behind it, who approved it and when, and where it runs. That way a request becomes a lookup, not a hunt.
How it applies to a specific claim is a question for your legal adviser. Where that claim appears across your markets and languages is a question Arbitr answers.
More than marketing. E-commerce owns listings and reviews, pricing owns promotions, sustainability owns green claims, and customer service writes to consumers every day. A short briefing for each, built from examples in your own content, lands better than a policy document. Green claims rules in other markets are on our environmental claims hub.
It amended it rather than replacing it. Directive (EU) 2024/825 adds green claims and durability practices to the UCPD, including new blacklist entries, and its rules apply from September 27, 2026, according to its text.3 More is on our generic environmental claims page.
No. Arbitr checks content against rules your team has approved, including your legal team's reading of a regulation. What a regulation means for your business stays a question for your legal adviser.
