AGCM

On 17 March 2020, the Authority opened an investigation procedure and ordered, as an interim measure, the shutdown of the https://farmacocoronavirus.it website, with the cooperation of the Special Antitrust Unit of the Italian Finance Police. The Authority also ordered that the promotion and marketing of the ‘generic Kaletra’ drug, currently available on the aforementioned website at a price of €634.44, be suspended.

The reason for the shutdown and suspension is the need to stop the spread of an extremely serious practice, with the Authority’s intervention thus both urgent and unavoidable.

The product in question, which contains the active ingredients of an antiviral drug for treating HIV infections, is advertised as the “only drug against the Coronavirus (COVID-19)” and the “only remedy to combat the Coronavirus (COVID-19)” even though, at present and as stated by the world health authorities, there is no effective cure against the virus.

The Authority found that the way the product is sold is prima facie misleading, aggressive and capable of affecting the consumer’s judgement, since the trader is exploiting the alarm caused by the constant increase in the number of people infected by COVID-19.

Moreover, although the website suggests that the online sale of the product is lawful and that the professional seller is operating in full accordance with the law, the online sale of these drugs is not allowed in Italy because it requires  a medical prescription.

The Authority, in view of the unique current circumstances, is continuing to focus its attention on operators active on the e-commerce market who adopt unfair and misleading behaviour.

Rome, 17 March 2020