PRESS RELEASE

OVER EUR 1 MILLION IN FINES TO FOUR PRODUCERS OF FRENCH FRIES DUE TO MISLEADING ADVERTISING

Misleading advertising and incorrect information.  On the basis of several complaints from private consumers and by the national union of consumers, the Antitrust has fined four major food companies, manufacturers of bagged French fries, over EUR 1 million: respectively EUR 350 000 to the San Carlo group; EUR 300 000 to Amica chips; EUR 250 000 to Pata and EUR 150 000 to Ica Foods. By adding text and suggestive images, there were attributed to certain products specific nutritional or health benefits which were not correct or else information was provided, with regards to the composition and the ingredients or the methods of processing or cooking, even attributing “craftsmanship” labels to the products despite their industrial nature.

All the four companies sanctioned by the Italian Competition Authority (ICA) declared a reduced fat content in their packaging. But the representative models chosen were not adhering to the requirements of EU law in the matter (EC Regulation number 1924/06), since the percentage of reduction mentioned was less than that allowed or else lacking or not properly turned – in the same visual space with the same graphic evidence – to the specific term of comparison used as the basic version of the same product.

According to the ICA, three companies have adopted the “craftsmanship” label that does not correspond to the real characteristics of these products: “Eldorada hand cooked French fries” and “Alfredo’s” of Amica Chips; the brand “The artisan potato” and the “Da Vinci chips” of Pata; and “The farmers – home-made fries” of Ica Foods.  Three companies have then given a particular graphic emphasis to the presence of olive oil on their containers (Linea “Authentic trattoria olive oil” of San Carlo; “Eldorada the traditional olive oil” of Amica Chips; “Da Vinci chips: with extra virgin olive oil”), omitting to indicate the actual percentage used: the quantity was given only on the back of the packets and was much lower than other vegetable oils.

Two companies also “presented in an ambiguous manner and leaving out – in the Antitrust’s opinion – the real and distinctive characteristics of some products (“Rustica – the recipes of Cracco” of San Carlo and the different variants of “The potato” by Amica Chips), thus engendering consumers in the mistaken belief that these packages were markedly different from the basic product or the flavoured variant.  Finally, Ica Foods has accredited the product “Crik Crok & Blue” with health properties that were still controversial in the scientific community and, however, not authorised by the European Commission.

In determining the sanctions, the Authority chaired by Giovanni Pitruzzella has taken into account the size of each of the four operators and their conduct during the procedure, enhancing the spontaneous commitment or early adoption of measures to eliminate aspects of misleading claims and to increase transparency for consumers.

Rome, 17 February 2015