Biogas has a genuinely strong environmental story. Anaerobic digestion (AD) turns food waste, farm slurry, crop residues and sewage sludge into renewable energy and nutrient-rich digestate, and it can prevent methane escaping from waste that would otherwise rot in the open. We could go on…
But a strong story is not the same as a free pass. Since 27 September 2026, new EU rules on environmental claims apply, and phrases that were once routine in biogas marketing, such as “carbon neutral”, “green energy farm” or “fighting climate change”, now need to be handled with more care in all advertising.
Key Takeaways
- The EU’s greenwashing rules (Directive (EU) 2024/825) have applied since 27 September 2026.
- Generic claims such as “green energy” or “climate friendly” must be supported by relevant evidence.
- Claims cannot be built on just one aspect of environmental performance; consider the full life cycle of the plant.
- Sustainability labels need independent certification.
- Climate neutrality claims cannot be based on carbon offsetting. Publish verified greenhouse gas savings and your method instead of blanket “carbon neutral” language.
- Future claims, such as “by 2030”, need a documented implementation plan.
- The Green Claims Directive was withdrawn (announced June 2025), so there is no detailed EU verification system. The responsibility to prove your claims sits with you.
- Specific, measured and certified statements are both safer and more persuasive.
Introduction: Why Biogas Businesses Need to Pay Attention
The Empowering Consumers for the Green Transition Directive (Directive (EU) 2024/825), sometimes called the Empowering Consumer Protection Directive, tightens the law on misleading environmental claims. It was approved in 2024 and has applied since 27 September 2026. Its core message is simple: environmental claims must be backed by evidence.
A second proposal, the Green Claims Directive, would have added detailed rules on third-party verification of claims and on national approval of green labelling schemes. The European Commission announced its withdrawal in June 2025. The upshot for the biogas sector is that the principles are now law, but there is no detailed EU rulebook explaining exactly how each claim must be verified. Plant owners, developers, operators, consultants and equipment suppliers are expected to use sound judgement, and to be able to defend it.
One practical point on scope. The Directive amends EU consumer law, so it bites most directly where a business is marketing to consumers, for example green gas or electricity supply to households, or public-facing websites and social media. Pure business-to-business marketing, such as selling digestate to farmers or pitching to investors, is not covered in the same way, but other rules on misleading advertising can still apply, and in practice most biogas businesses have a public face that reaches consumers, local communities and planners. The safest approach is to apply the same standard everywhere.
The Five Rules That Matter Most for Biogas Marketing
1. Generic claims need relevant evidence
Phrases such as “green energy”, “eco-friendly”, “climate friendly” or “good for the planet” are generic claims. Under the Directive, they must be supported by relevant evidence. “Our plant produces green energy” is exactly the sort of statement a regulator or competitor could challenge. Compare it with: “This plant generates 2.4 MW of biogas-based electricity from food waste and farm slurry, with feedstock sourced within 30 miles.” That is specific, measurable and provable.
2. Do not rely on only one part of the picture
A claim cannot rest on just one aspect of environmental performance. Biogas offers a good example of where this matters. Methane avoided from slurry storage is a real benefit. However, if a plant uses energy crops grown on land that could produce food, if there are fugitive methane losses, or if digestate storage is poorly managed, then a headline about avoided methane alone may give a misleading impression. Honest claims reflect the full life cycle: feedstock, process emissions, digestate handling and use of the energy produced.
3. Sustainability labels need independent certification
Any sustainability label or logo needs independent certification. A home-made badge reading “Certified Green Energy Farm” with no outside body behind it is a risk. Consider using recognised, third-party schemes, such as sustainability certification under the Renewable Energy Directive framework (for example schemes like ISCC), and Guarantees of Origin where they apply, and say clearly what the certificate does and does not cover.
4. “Carbon neutral” and offsetting
The Directive says climate neutrality claims cannot be based on carbon offsetting. For biogas businesses this is the trickiest area, and the best approach is to be precise about what is being claimed and how it is calculated.
- Risky: “Our green gas is carbon neutral because we buy carbon credits to balance our emissions.” This is exactly what the rule is aimed at.
- Safer: Describing the measured greenhouse gas savings of your own process, supported by a recognised life cycle methodology and independent verification, for example “greenhouse gas savings of X% compared with the fossil fuel comparator, verified by [named body]”.
Be aware that there is no official EU guidance yet on exactly where avoided emissions from waste diversion sit in relation to the offsetting ban. Until there is, the cautious route is to avoid blanket words like “carbon neutral” or “climate positive”, and to publish the numbers and the method instead. This is an area where taking legal advice is worthwhile.
5. Future promises need a plan
Claims such as “net zero by 2030” or “supplying 10,000 homes by 2028” must be supported by an implementation plan. If you are describing a plant that is still in planning or under construction, say so, and be ready to show the permits, financing, grid connection and feedstock contracts that make the claim realistic.
Claims Biogas Businesses Use, and How to Fix Them
- “Carbon neutral biogas plant” becomes a verified statement of greenhouse gas savings, with the methodology and verifier named.
- “Green energy farm” becomes a factual description, such as the installed capacity, the feedstocks used and the share that is waste or residue.
- “Mitigating climate change” becomes a quantified claim, for example tonnes of CO2 equivalent avoided per year, with the assumptions explained and the data to hand.
- “100% sustainable” should usually be dropped. Replace it with the certification you actually hold.
- “Net zero by 2030” should only appear with a documented plan behind it.
A Practical Checklist for Plant Owners and Marketers
- Audit every claim on your website, brochures, planning documents, social media and tender responses.
- Keep an evidence file for each claim: calculations, certificates, monitoring data and dates.
- Be specific. Numbers, named feedstocks and named certifiers beat adjectives.
- Explain the method. State the life cycle approach, system boundaries and comparators used.
- Separate offsetting from performance. If you invest in offsets, say so, but do not use them to justify a neutrality claim.
- Review regularly. Feedstock mix, process efficiency and certification can change, and a claim that was true last year may not be true now.
- Get advice on borderline claims, particularly if you market to consumers or sell into several EU countries.
The Opportunity: Credible Claims Win Trust
The new rules are not a threat to good biogas operators. They are an opportunity. Waste-to-energy plants operate in a sector where communities can be sceptical, planning objections are common and investors want proof. Clear, verified claims set a plant apart from vague competitors and reduce the risk of reputational damage, complaints or enforcement action. In a market full of green buzzwords, the business that shows its data is the one that gets believed.
Do the EU Greenwashing Rules Affect the UK and US?
Do the EU rules apply to non-EU businesses?
Yes, if you market to consumers in the EU. The rules apply to any company selling into the EU, wherever it is based, so UK exporters and US firms must meet them for their EU customers. They do not change UK or US domestic law.
The United Kingdom
The UK has no equivalent list of banned claims, but its regime has been tightening.
- Green Claims Code: the CMA’s guidance on environmental claims continues to apply.
- DMCC Act: the CMA can now decide for itself whether consumer law has been breached, without going to court.
- Penalties: fines can reach up to 10% of global turnover.
The United States
There is no federal equivalent of the EU’s ban on offset-based “climate neutral” claims.
- FTC Green Guides: this non-binding guidance on environmental marketing has been under review since 2022. By the end of August 2026, no decision on whether to retain, modify or rescind it had been announced.
- Federal enforcement: it relies on the FTC Act’s ban on deceptive practices.
- State law: California has made it unlawful to make an untruthful, deceptive or misleading environmental marketing claim. Its AB 1305 also requires in-scope companies to disclose details of their emissions-reduction claims and use of voluntary carbon offsets.
What this means if you sell in several markets
The UK and US regimes work differently, so check your claims against each one. The simplest approach is to meet the strictest standard, which is currently the EU’s.
Frequently Asked Questions (FAQs)
Can I still describe my biogas plant as “carbon neutral”?
It is risky. Climate neutrality claims cannot be based on carbon offsetting. If your claim depends on buying credits, avoid it. Even where it depends on your own process, there is no official EU guidance yet on every scenario, so a verified statement of greenhouse gas savings, with the method disclosed, is the safer option. Seek legal advice for borderline cases.
Can I call my plant a “green energy farm”?
“Green” is a generic term that needs relevant evidence. It is better to describe what the plant actually does, including capacity, feedstocks and certification, and let the facts make the case.
Can I say my biogas plant helps to mitigate climate change?
You can, but the claim should be backed by data, ideally quantified and based on a recognised life cycle method. Avoid claiming benefits from one aspect, such as avoided methane, while ignoring emissions elsewhere in the process.
Do I need a certificate to use a sustainability label?
Yes. Sustainability labels must have independent certification. A label you design and award yourself will not meet the standard.
Can I still promote a plant that is not built yet?
Yes, but future-looking claims must be supported by an implementation plan. Be clear that the plant is planned or under construction, and keep evidence of permits, finance and feedstock contracts.
Does this apply to business-to-business marketing?
The Directive is aimed mainly at consumer marketing, but most biogas businesses also reach consumers through websites, social media and local engagement, and other advertising rules can apply to business customers. Using one high standard across all your communications is the simplest approach.
What happened to the Green Claims Directive?
It was a separate proposal that would have introduced rules on third-party verification of claims and national approval of green labelling schemes. The European Commission announced its withdrawal in June 2025, so those additional requirements will not arrive through that route.
Does this affect UK biogas businesses?
If you market to consumers in the EU, yes. The UK has its own rules on misleading environmental claims, so UK operators selling into both markets should check that their claims satisfy each regime.
Sources:
- Ashurst: Greenwashing in the spotlight
- KPMG: New consumer enforcement regime
- State Impact Center: FTC Green Guides
- Kirkland & Ellis: FTC Green Guides updates
- Harvard Law School Forum: Greenwashing trends in the US
This article is general information, not legal advice. Operators should take professional advice on specific claims.
