Why Brands Must Effectively Communicate Their ESG Initiatives: An Interview with Giacomo Moleri

Giacomo Moleri (Spheriens, Italy)

In March 2023, the European Commission introduced the Green Claims Directive Proposal to establish standards for companies to substantiate their environmental claims and protect consumers from misleading information. However, ongoing debates have left the Directive’s future uncertain, creating confusion for brands seeking to develop and communicate their environmental, social, and governance (ESG) initiatives.

Giacomo Moleri (Spheriens, Italy) will moderate a session at the 2025 Trademark Administrators and Practitioners (TMAP) Meeting, taking place in Berlin, Germany, from September 28 to 30, titled Say it Right—Turning Green Claims into Brand Strength and Integrity. As we see more sustainability-focused branding in the market, businesses must carefully navigate regulatory challenges when making environmental claims. This session will examine key regulations and will also delve into compliance risks and insights from the 2024 Presidential Task Force report, The Effect of Greenwashing and Greenhushing on Brand Value. Registrants will gain practical guidance on how to maintain brand integrity while avoiding greenwashing accusations, manage cross-jurisdictional compliance, and substantiate environmental claims in a rapidly evolving regulatory landscape.

Mr. Moleri, who also serves as Vice Chair of INTA’s Brands and Sustainability Committee, recently spoke with the INTA Bulletin to preview the topics that will be discussed in this wide-ranging session, shed light on how greenhushing can be just as damaging to sustainability efforts as greenwashing, and offered his advice on how TMAP registrants can make their time in Berlin more sustainable.

You are moderating a session at the 2025 TMAP Meeting titled Say it Right—Turning Green Claims into Brand Strength and Integrity, where you will be joined by experts from FSC Global Development, GSK Stockmann, HGF, and Lavazza Group. Without giving away all the details, what unique perspectives do you expect each will bring to the discussion?
I must say, I’m very happy about the panel. I couldn’t think of a better set of people coming on stage to discuss this issue. We can provide a full range of perspectives on this topic because we have a practitioner—me—from Italy, a German practitioner, and a practitioner from the UK. They will share notable cases and perspectives on the law from an outside counsel perspective.

We also have a brand, LAVAZZA, which is very active in the ESG arena, as it both grows plants in most parts of the world and sells products that have an impact on the environment. Hearing about the way it communicates and approaches ESG issues concerning branding and green claims will be invaluable.

Finally, we have the Forest Stewardship Council, a certification body. They handle issues with the clients they work with in their environmental efforts. At the same time, they deal with trademark issues themselves, so we will be able to provide a comprehensive range of perspective on all the issues related to green claims.

The EU initially introduced a Green Claims Directive in March 2023, but the future of this legislation has recently become uncertain. How do you see current legislative trends shaping the future of brand communication, both in Europe and beyond?
The uncertainty surrounding the Green Claims Directive presented a bump while we were planning the session. That being said, we will certainly discuss the current status of the EU Green Claims Directive and the issues concerning green claims at the EU level.

There are several other regulations surrounding green claims in Europe. We have the Empowering Consumers for the Green Transition Directive, due to be implemented by September 2026, which will set clear limits on vague or misleading claims. There are also national laws in EU jurisdictions on unfair competition and consumer protection that already provide a very complex framework for protection against false or misleading green claims. We will discuss cases that have already taken place.

In general, the trend that the EU is setting forth and that the Green Claims Directive would have fulfilled, is toward a broader framework for accountability. So, while clarity, substantiation, and comparability of green claims will be essential, there would also have been an ex-ante verification for green claims. Our session will provide registrants with an overall perspective of the situation in Europe, which is already far from unregulated.

This session draws on insights from the 2024 Presidential Task Force report The Effect of Greenwashing and Greenhushing on Brand Value. Can you share one takeaway from that work that you think will spark discussion in the room?
The work done by the 2024 Presidential Task Force is incredible and will serve as a cornerstone for our TMAP session. The fact that they not only investigated greenwashing but also greenhushing will give us a very important perspective on the subject. Greenhushing is basically the flip side of the greenwashing coin.

There are some companies that claim to be green without actually making any true effort, or that communicate about their efforts towards sustainability in a misleading way. At the same time, companies that are more conscious of the reputational risk that could come with communicating in the wrong way risk not communicating the true extent of their efforts. This is greenhushing. There is a risk that if we over-regulate greenwashing, more brands will prefer not to communicate their efforts.

If brands don’t communicate these initiatives, it will ultimately have an impact on brand value and even hinder further efforts towards sustainability on a larger scale. We really must find the balance between protecting against the risk of greenwashing and the opposite risk of greenhushing. This is the goal of our panel and, in general, one of the main efforts of INTA, thanks to the work of the Brands and Sustainability Committee.

What key question do you hope registrants will leave the session ready to answer within their own organizations?
I would really love for the audience to go back to their companies and try to communicate the fact that there are rules, but these rules don’t forbid communicating efforts towards sustainability. My goal is to discourage greenhushing by showing that there are rules to follow and there are cases that could lead the way towards best practices so that brands can feel comfortable speaking about their green initiatives. We must communicate these efforts if we want to create momentum for a larger trend towards sustainability on a global level.

Other than the one you are moderating, what’s another session you are looking forward to attending TMAP?
This is a very tough question because the TMAP Project Team has worked hard to make such a great program, but these days, AI is something that all practitioners are dealing with somehow in their daily jobs. I’m very much looking forward to the session on the impact of AI [AI in the EU—Navigating IP Opportunities and Challenges], but none of these sessions should be missed. None of the sessions will run concurrently this year, so registrants won’t have to make tough choices about which ones to attend.

Do you have any tips to share with TMAP registrants looking to make their time in Berlin more sustainable?
My first tip would be to donate to INTA’s Carbon Offset Program to help neutralize the environmental impact of your travel. There are also several steps you can take at the Meeting itself. For example, avoid using paper to take notes. You can utilize tablets or other devices for this. Of course, use water bottles instead of disposable plastic cups whenever possible—that’s for sure.

If you have a chance to see the sights of Berlin, use public transportation. The weather will still be nice in September, and Berlin is a city you can best enjoy by biking around or using public transportation.

What’s your favorite green brand, and why?
That’s another tough one. In general, I love brands that are not just putting a green label on what they’re doing, but that incorporate sustainability directly into the brand’s DNA. They don’t just communicate their ESG efforts but make their ESG agenda one of the main pillars of their brand mission. There are so many brands doing that today, but if I must give you an answer, I’ll go back to my youth and say the WORLD WILDLIFE FUND (WWF). As a child, I put their stickers all around my house. I’ve been a member of WWF for years. What’s greener than that?

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Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. The opinions expressed in this interview are that of the person being interviewed and do not purport to reflect the views of INTA or its members.

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