Barbara Klaus, Michele Gherardini

European Food and Feed Law Review, Volume 9 (2014), Issue 2, Page 130 - 130

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”.

Barbara Klaus, Michele Gherardini

European Food and Feed Law Review, Volume 8 (2013), Issue 6, Page 418 - 420

The Italian AntitrustAuthority has sanctioned a food supplement economic operator (Decision No 24280, 20.03.2013, published in the Bulletin No 13/2013) for having carried out a widespread advertising campaign in the printing press, TV commercials, web and brochures regarding a food supplement containing several botanicals highlighting special health properties, such as the prevention of cell aging as well as the improvement of the cardiovascular system, the immune system and the state of the skin or joints.