GARAN GUARANTEE: NEW RULES FOR RETAILERS AND MANUFACTURERS FROM 27 SEPTEMBER 2026

team vallettaAntonella Terranova, Consumer and Retail, Consumer Goods, Corporate, M&A and Commercial, Ilaria Sgrilli, Publications

Starting from 27 September 2026, sellers of consumer goods will have to comply with a new information requirement introduced by EU legislation: the GARAN label, designed to inform consumers of the existence of a commercial guarantee of durability offered by the manufacturer.

The new requirement stems from Directive (EU) 2024/825, transposed into Italian law by Legislative Decree No. 30/2026, and is implemented by Commission Implementing Regulation (EU) 2025/1960, which established the format and content of the harmonised label applicable throughout the European Union.

The GARAN guarantee neither replaces nor modifies the legal guarantee of conformity provided for under the Italian Consumer Code.

Rather, it is a commercial guarantee of durability that manufacturers may voluntarily offer to consumers, undertaking to repair or replace the product if it fails to maintain its functionality or performance for the stated period.

A clear distinction must therefore be made between:

  • the legal guarantee of conformity, which is mandatory, is the seller’s responsibility and has a minimum duration of two years;
  • the commercial guarantee of durability (GARAN), which is voluntary and is the manufacturer’s responsibility;
  • any other conventional guarantees offered by manufacturers or retailers.

The key difference between these guarantees is that the legal guarantee always rests with the seller and has a minimum duration of two years, whereas the GARAN guarantee is a direct and exclusive commitment undertaken voluntarily by the manufacturer. It may have a longer duration and specifically concerns the durability of the product.

The seller’s obligation to display the GARAN label does not apply to all products and does not arise automatically.

The label must be displayed prominently, in accordance with the requirements and using the harmonised format laid down in Implementing Regulation (EU) 2025/1960, only where all four of the following conditions are met:

  1. the manufacturer offers the guarantee at no additional cost to the consumer;
  2. the guarantee covers the entire product rather than only specific components;
  3. the guarantee lasts for more than two years;
  4. the manufacturer has provided the seller with the necessary information.

If even one of these conditions is not met, the seller is not required to display the label.

Although the Italian Legislative Decree formally entered into force on 24 March 2026, the new provisions will apply only from 27 September 2026. From that date, both the harmonised notice concerning the legal guarantee and the GARAN label for products covered by a commercial guarantee of durability will become applicable.

The new Article 48 of the Italian Consumer Code requires traders, before the conclusion of the contract, to inform consumers about:

  • the existence of the legal guarantee of conformity;
  • the existence and duration of any commercial guarantee of durability offered by the manufacturer.

To comply with this requirement, the legislation provides for the use of standardised information tools that are uniform across the European market.

In physical retail stores, the label must be clearly visible; for online sales, it must be made available in accordance with the requirements laid down by EU legislation.

One particularly important point is that GARAN remains a guarantee provided by the manufacturer.

The seller does not automatically assume the obligations arising from the commercial guarantee of durability and must not present it as its own guarantee. For this reason, the harmonised label must identify the manufacturer providing the guarantee, rather than the retailer.

Failure to display the label where required may give rise to liability under the rules on unfair commercial practices, as consumers could be deprived of information relevant to their purchasing decisions. Similarly, ambiguous communications that could lead consumers to confuse the GARAN guarantee with the legal guarantee may be regarded as an unfair commercial practice.

Indeed, as stated in Recital 32 of Directive (EU) 2024/825, information concerning other commercial guarantees or services must not undermine the clarity of the information provided regarding the existence and duration of the commercial guarantee of durability offered by the manufacturer.

Ultimately, GARAN is a tool designed to encourage the purchase of more durable products and increase transparency for consumers. For sellers, however, it introduces a new information requirement which, from 27 September 2026, will require careful verification of the information received from manufacturers and of the way in which it is presented to consumers.

Antonella Terranova
Ilaria Sgrilli