Journal Article

Italy: National Court Confirms Sanctions for Unfair Advertisements on Health Claims Relating to Chewing Gums

Pisanello, Daniele, Ferraris, Luchino

2017

Overview

[...]in the absence of any scientific evidence - which follows from the lack of authorization by the European Food Safety Authority ('EFSA') - the company had put into practice deceptive promotional messages, unlawful under Reg. Claims that in various capacities must be authorized by EFSA can be either \"nutrition claims\" (under Art. 2(2)(4), any claim which states, suggests or implies that a food has particular beneficial nutritional properties due to its caloric value, nutrients or other substances); \"healthclaims\" (under Art. 2(2^5), any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its constituents and health); and, finally, \"reduction of disease risk claim\" (under Art. 2(2)(6), any health claim that states, suggests or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease). [...]in Meglio In Salute-Apparecchi Trattamento Acqua Potabile (PS10106), ICA established that even an explicit mention (that the utilization of the product will by no means replace the relevant medical care) cannot per se be sufficient to keep the company away from sanctions, if in practice a deceptive effect is objectively produced...

• Publisher: Lexxion Verlagsgesellschaft mbH
• Subject: Advertisements / Chewing / Chewing gum / Consumer protection / Consumption / Court decisions / False advertising / Food / Gums / Health / Health risks / Nutrition / Risk factors / Sanctions