AGCM

PRESS RELEASE

OVER EURO 200,000 IN FINES FOR MISLEADING ADVERTISING

OF SLIMMING PRODUCTS AND PSEUDO-PHARMACEUTICALS

Over 200,000 euros in fines for seven misleading advertisements publicizing slimming products and pseudo-pharmaceuticals. That is the result of the Italian Competition Authority’s actions over the last two months, upon completion of the procedures launched since the Giulietti law came into effect. That law has now been included in the Consumer Code.  

In 2005, 54 complaints were received in these market areas, and only 11 of them were rejected. Of the 21 cases already completed, 19 were found to be misleading, one ended in a penalty for non-compliance with a preceding ruling by the Authority and in only one case was no violation of the law found. So the incidence of “misrepresentation” in these advertisements is evidently very high, and may be prejudicial not only to the consumer’s economic behaviour, but more importantly in some cases may have deleterious effects on users’ health. The fines imposed vary from a minimum of 20,000 euros to a maximum of 47,500. Only in one proceeding was the minimum fine of 1,000 euros levied, and that only because of the precarious economic condition of the company involved.

The advertisements penalized range from the promise of saying good-bye to excess kilos without diets and in a brief time-frame, to the  possibility of overcoming cellulite and bulging waistlines using simple dietary supplements or electrical stimulation, to the possibility of eliminating the dangerous effects of a glass too many by merely sipping a beverage. Here is a brief overview of the advertisements found misleading in the last two months.

Lose 20 kilos in short order

“Without drastic diets, without excessive physical exercise” and without any side-effects. These were the miraculous properties of a number of products (Capturia, Solubel, Quick Diet), sold by IBS (International Best Seller) and composed only of natural herbs which “guaranteed” a significant weight loss (up to 20 kg.) in a short period of time. The Authority, based on information supplied by the Istituto Nazionale di Ricerca per gli Alimenti e la Nutrizione (INRAN, or National Institute for Research on Food and Nutrition), established that these products, while they may contain extracts of natural products, should not be recommended in certain physiological or pathological states or in association with other pharmacological treatments. In the Authority’s opinion, the omission of warnings about the need to consult a physician beforehand and other instructions, such as adhering to the recommended doses and not making prolonged use of the pharmaceutical, may induce consumers to overlook a normally cautious approach, with consequent danger to their health. Furthermore, the advertisements in question contained incorrect instructions as to the conditions for cancellation and the functioning of the guarantee offered.For the “QuickDiet” advertisement alone, the only one published after the Giulietti law came into force, the Authority imposed a fine on IBS of 47,500 euros.

“Irresistible Snelly!”, “the pleasure of a perfect body”, “in shape without effort”, “easy-to-use tablets without side-effects”, “complete Snelly treatment to lose up to 8 kg in 30 days …up to 15 Kg (in 60 days) …up to 20 Kg (in 90 days)”. Euromarket used this advertisement in two television sales programs to publicize its Snelly product. Misleading advertising was the Authority’s conclusion in this case, too, and Euromarket S.r.l. was fined 45,000 euros.

Get rid of cellulite the natural way

Use natural capsules and tablets to combat cellulite and problems linked to menopause, including weight gain. These were the promises made for Cell Away, Drena Plus, Fucus, Leggera and Soya Isoflavoni, food supplements said to be effective in weight-loss and anti-cellulite programs or, as in the case of Soya Isoflavoni, in combating the symptoms of menopause, as publicized on the website rodiola.it.  The Authority deemed these advertisements, too, to be misleading in that the products advertised do not bring the promised results and there is no information as to negative side-effects. The various supposedly “natural” components were found, in some cases, to be incompatible with some medical conditions such as hyperthyroidism or diabetes. The Authority was able to punish with a fine the only advertisement published after the new law took effect, i.e. the one for Soya Isoflavoni; the fine was only 1000 euros given the economic state of the company, Zenobia Srl.

A much heavier fine (22,000 euros) was inflicted on Equilibra Srl. The advertisement, which appeared for over a year on the website of the same name, promoted food supplements (Cellu-Light, Linea & Fibra, Fibra-Line, Gambo d’Ananas, Chitosano and Alga Snella), giving to understand that they could be used indiscriminately, without negative side-effects. In reality, because of a number of substances contained in these products, their use may not be recommended, especially over an extended period or, as was already stated for the other products, where there is a particular physiological or pathological state or in association with pharmacological treatments. On the website Equilife.it, furthermore, the same company published a number of advertisements for a Remodelling treatment for unsightly cellulite in the basic and intensive versions at a cost, respectively, of 35 and 44 euros. In the Authority’s opinion, cellulite in its advanced stage, since it is a genuine pathological condition, requires a therapeutic approach: it is not simply a question of aesthetics on which such products may produce an effect. In determining the fine, the Authority also established the principle that consumers having problems of weight and/or cellulite find themselves in a situation of “particular psychological weakness”. So they are weak consumers who must be protected by higher fines.

The Authority also imposed a penalty on the advertising for “Dimafango”, a product presented as a “reduction treatment” which, thanks to “Dead Sea mud rich in rare minerals” is “indicated for localized weight reduction treatment”. In this way, the Authority considered, the consumer is led to believe that it is possible to obtain a specific reduction in local fat, without need for a diet and constant physical exercise. In this case, the fine imposed on Euromarket, a product advertiser, was 18,600 euros, a fine which was increased because the company had already been fined several times for misleading advertising.

Put a stop to tummy bulges with electro-stimulation

“This device eliminates tummy bulges, takes centimetres off the abdomen and waistline”, “super-slimming and firming” “without the need for exercise”, “a flat hard tummy in two weeks”. The ‘miraculous’ effects of Pancia Stop, an electro-stimulator, caused the Authority to impose a fine of 20,000 euros on Euromarket Srl which had not complied with a previous finding of misrepresentation from as long as five years ago.

Anti-hangover drinks

An anti-hangover beverage for “accelerating the dispersion of alcohol, forestalling the effects of overindulgence in alcoholic drinks”, “rapidly reducing the side-effects of drunkenness, nausea, headache, feeling of tiredness etc”. These are the ‘properties’ advertised by Società Biscaldi Luigi on its corporate website and in the magazine Mixer for Outox, a fructose-based beverage. Besides these effects, it is claimed that Outox acts positively on diseases such as Parkinson’s and Alzheimer’s. The Authority imposed a fine of 47,500 euros in the light of data furnished by ISS (Istituto Superiore di Sanità, or Superior Health Institute) and INRAN which do not confirm these properties of the product. The advertisements also do not indicate that there are categories of persons for whom the product is not recommended, but instead actually maintain that “children and diabetics may want to drink Outox just for its flavour”. On this point, the Authority ordered the publication of a correction.

Rome, 6 January 2006