Corporate Greenwashing: When Ecological Marketing Becomes Fraud
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listIn this article
lightbulbKey Takeaways
- check_circleMisleading advertising (Art. 282 CP)
- check_circleMarketing Director Liability
- check_circleFalse certifications
- check_circleESG investor fraud
Quick answer
Greenwashing — selling a product as "100% sustainable" or "carbon neutral" without rigorous scientific backing — can amount to the crime of misleading advertising under Art. 282 CP, punished with 6 months to 1 year in prison or a fine. When that false information is used to attract investors or cause patrimonial harm to a plurality of persons, it may rise to an aggravated fraud (Art. 250.1.6 CP). It is not only the company that responds as a legal entity: executives who approved campaigns knowing their falsehood can be indicted.
Need help with your case? Talk to a criminal defense lawyer at Alonso Sala.
The term Greenwashing has transcended the realm of marketing to fully enter Economic Criminal Law. Companies that exaggerate, falsify, or omit information about the environmental impact of their products to increase sales now face real criminal risks. The Environment and Consumer Prosecutor's Office has hardened its criteria: selling a product as "100% sustainable" or "Carbon Neutral" without rigorous scientific backing can amount to misleading advertising (Art. 282 CP, prison of 6 months to 1 year or a fine) and, when used to attract investors or cause patrimonial harm to a plurality of persons, may rise to an aggravated fraud under Art. 250.1.6 CP.
Crime of Misleading Advertising
Article 282 of the Criminal Code punishes manufacturers or traders who, in their offers or advertising, make false allegations about the product's characteristics, causing serious harm to consumers. In 2025, the most valued "characteristic" is sustainability. If a company attracts investment or customers based on false ecological credentials, it is committing a crime.
Liability of Executives
Not only does the company respond as a legal entity. Marketing directors, sustainability heads, and the CEO can be indicted if they approved advertising campaigns knowing their falsehood or with "reckless disregard for the truth". Defense requires proving that the claims were based on valid technical certifications at the time of issuance, alleging error of type if such certifications turned out to be inaccurate later.
Environmental and Consumer Compliance
Criminal Compliance must evolve. It is no longer enough to prevent spills; corporate communication veracity must be audited. A legal review protocol for labels and advertising campaigns is the best exemption against a possible complaint from consumer associations.
Defense Strategy
Our defense in these cases is multidisciplinary: we combine environmental engineering expertise (to partially validate the claims) with market studies (to demonstrate that the ecological claim was not the decisive purchase factor, breaking the causal link of the fraud).
Frequently asked questions
When is greenwashing a crime?expand_more
When a company exaggerates, falsifies or omits information about the environmental impact of its products to increase sales. Selling something as "100% sustainable" or "carbon neutral" without rigorous scientific backing can amount to misleading advertising (Art. 282 CP) and, if used to attract investors or cause patrimonial harm to a plurality of persons, may rise to an aggravated fraud (Art. 250.1.6 CP).
What does the crime of misleading advertising under Art. 282 CP punish?expand_more
Art. 282 CP punishes manufacturers or traders who, in their offers or advertising, make false allegations about the product's characteristics, causing serious harm to consumers, with imprisonment of 6 months to 1 year or a fine. Today sustainability is one of the most valued characteristics, so basing the attraction of customers or investment on false ecological credentials can fall within the offence.
Do executives respond, in addition to the company?expand_more
Yes. Not only the legal entity responds: marketing and sustainability directors and the CEO can be indicted if they approved advertising campaigns knowing their falsehood or with reckless disregard for the truth.
How is a greenwashing accusation defended?expand_more
The defence usually proves that the claims were based on technical certifications valid at the time of issuance, alleging error of type if those certifications later turned out to be inaccurate. It is also multidisciplinary: it combines environmental engineering expertise that partially validates the claims with market studies showing that the ecological claim was not the decisive purchase factor, breaking the causal link of the fraud.
What role does environmental compliance play?expand_more
Criminal compliance must evolve: it is no longer enough to prevent spills, the veracity of corporate communication must be audited. A legal review protocol for labels and advertising campaigns is the best exemption against a possible complaint from consumer associations.