GREENWASHING PRACTICES: LEGAL CHALLENGES AND ECONOMIC IMPLICATIONS IN THE CONTEXT OF EUROPEAN INTEGRATION
ELENA CIOCHINA
, Academy of Economic Studies of Moldova Republic of Moldova
ORCID: 0000-0001-7852-8567
Email: eciochina.av@gmail.com
DOI: https://doi.org/10.24818/cike2025.96
Pages: 764–771
Abstract
Corporate communication that inflates or misrepresents an organization’s environmental responsibility is known as “greenwashing.” The study analyzes this phenomena from a legal-economic perspective, assessing Moldova’s changing legal system and how well it complies with EU sustainability and consumer protection regulations. This paper aims to explore the phenomenon from a legal perspective, focusing on the Republic of Moldova’s current regulatory framework and its alignment with European Union standards. The study seeks to identify the gaps and challenges in addressing greenwashing within the context of the country’s progressive integration into the EU single market.
The research is based on a comparative legal analysis, examining relevant Moldovan legislation, EU directives, and case law concerning unfair commercial practices and consumer protection. Additionally, the study reviews international best practices, including regulatory approaches from the United States and selected EU member states, to provide a broader understanding of enforcement mechanisms.
The findings indicate that while Moldova has made significant steps toward harmonizing its consumer protection and advertising legislation with EU requirements, enforcement mechanisms remain underdeveloped. The absence of specific provisions targeting environmental claims creates a legal vacuum that may enable companies to engage in deceptive marketing without facing significant consequences. Moreover, limited consumer awareness and insufficient monitoring capacity further weaken the effectiveness of existing laws.
The paper concludes by proposing legal and policy recommendations, including the introduction of explicit legal definitions of greenwashing, enhanced sanctions for misleading environmental claims, and improved inter-agency cooperation. These measures aim to strengthen the legal framework, foster consumer trust, and encourage genuine corporate sustainability initiatives, ultimately contributing to the country’s competitiveness in the knowledge economy.
Keywords: greenwashing, consumer protection, EU integration, unfair commercial practices, environmental claims, legal regulation
JEL Classification: K32, K33, M14, Q56
References
- Delmas, M. A., & Burbano, V. C. (2011). The drivers of greenwashing. California Management Review, 54(1), 64–87. https://doi.org/10.1525/cmr.2011.54.1.64
- European Securities and Markets Authority (ESMA), 2021. ESMA report on greenwashing risks in the EU. [online] Available at: https://www.esma.europa.eu [Accessed 29 September 2025].
- European Union, 2005. Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices. Official Journal of the EU, L149, pp.22–39.
- European Union, 2006. Directive 2006/114/EC concerning misleading and comparative advertising. Official Journal of the EU, L376, pp.21–27.
- European Union, 2024. Directive (EU) 2024/825 on empowering consumers for the green transition. Official Journal of the EU, L, pp.1–45.
- Federal Trade Commission (FTC), 2012. Guides for the use of environmental marketing claims (Green Guides). 16 C.F.R. Part 260. Washington, DC: Federal Trade Commission.[Accessed 29 September 2025].
- Federal Trade Commission. (2023). FTC seeks public comment on potential updates to its Green Guides. Retrieved from https://www.ftc.gov/news-eventsGowling WLG, 2023. Greenwashing: Exploring the risks of misleading environmental marketing in China, Canada, France, Singapore and the UK. [online] Available at: https://gowlingwlg.com/en/insights-resources/articles/2023/greenwashing-risks/ [Accessed 29 September 2025].
- Latham & Watkins, 2025. European Commission announces intention to withdraw EU Green Claims Directive proposal, although the status remains unclear. [online] Available at: https://www.lw.com/en/news/2025/06/withdraw-green-claims-directive [Accessed 29 September 2025].
- Mason Hayes & Curran, 2025. Greenwashing: Update on the Green Claims Directive. [online] Available at: https://www.mhc.ie/latest/insights/greenwashing-update-green-claims-directive [Accessed 29 September 2025].
- McKinsey & Company, 2023. Consumers care about sustainability—and back it up with their wallets. [online] Available at: https://www.mckinsey.com/industries/consumer-packaged-goods/our-insights/consumers-care-about-sustainability [Accessed 29 September 2025].
- Morgan Lewis, 2024. Two EU Directives aim to shape European legal framework for green claims and greenwashing. LawFlash, 14 May. [online] Available at: https://www.morganlewis.com/pubs/two-eu-directives-green-claims-greenwashing [Accessed 29 September 2025].
- Republic of Moldova, 2003. Law No. 105-XV on Consumer Protection (13 March 2003, amended 2018). Chisinau: Official Gazette.
- Republic of Moldova, 2012. Law No. 183 on Protection of Competition (11 July 2012). Chisinau: Official Gazette.
- Republic of Moldova, 2022. Law No. 62 on Advertising (17 March 2022). Chisinau: Official Gazette.
- Testa, F., Miroshnychenko, I., Barontini, R., & Frey, M. (2018). Does it pay to be a greenwasher or a brownwasher? Business Strategy and the Environment, 27(7), 1104–1116. https://doi.org/10.1002/bse.2058 Accessed 29 September 2025].
