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Italy: Hidden Advertising: Italian Antitrust Authority Fined Economic Operator for Misleading Advertising of a Powdered Milk and Baby Bottle Displayed in a Weekly Magazine

Barbara Klaus, Michele Gherardini


The Italian Antitrust Authority fined three economic operators for hidden advertising of baby milk and a baby bottle displayed in theweeklymagazine “Chi”. (Decision No 24778, of 29 January 2014, published in the Official Bulletin No 8/2014 of 24 February 2014). According to the Antitrust Authority’s decision, such advertising falls within the scope of Article 22, paragraph 2 of the Italian Consumer Code (LegislativeDecree 206/2005) according to which it shall be considered a misleading omission in the case that an economic operator “fails to identify the commercial intent of the commercial practice if not already apparent from the context, and where, in either case, this causes or is likely to cause the average consumer to take a transactional decisionthat theywouldnothave taken otherwise”.

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