AGCM

At its meeting on 8 April 2020, the Authority opened an investigation against Tiger Group S.r.l. (PS11736), while ordering the suspension, as an interim measure, of the promotion and sale through the domain name https://www.tigershop.it/, of personal protective equipment (in particular FFP2 category masks) that differs from the advertised equipment, in terms of quality and technical characteristics, certifications/validations and origin, and is not available for delivery within the specified time frame.

In particular, the adoption of an urgent measure was considered essential in order to stop the spread of an extremely serious practice, such that the Authority's intervention could not be postponed. In fact, the above-mentioned website disseminates advertising messages inviting consumers to purchase personal protective equipment online (in particular FFP2 category masks) to which qualitative and technical characteristics are attributed, including through images and descriptions making improper use of well-known and reliable brands, that are not reflected in the products subsequently delivered to consumers which lack the vaunted certifications; moreover, this personal protective equipment, like other medical equipment (so-called 'surgical masks'), is offered for sale at high prices and delivered with considerable delays compared to the advertised time frame (24/48 hours).

More specifically, the Authority found that the methods of promoting and selling these products are prima facie misleading, with reference to the way in which the following characteristics are presented: preventive effectiveness, classification in a certain class of protection (FFP2) and the existence of unproven certifications in relation to the products sold online during the health emergency caused by Covid-19 (Coronavirus SARS-CoV-2). They are also aggressive, as the site exploits the consumer’s altered judgement due to the alarm caused by the constant increase in the number of people infected by COVID-19, and the risk of death as a result of contracting the virus.

During the meeting, the Authority noted that any reference to the preventive and/or therapeutic efficacy against Covid-19 of the products offered on the www.oxystore.it site (PS11732) and on the www.wish.com platform (PS11734) has been removed; it also found that there are no more offers on the latter platform for special test kits to self-diagnose the presence of the virus.

Rome, 10 April 2020