AGCM

According to the Authority, the companies U-Earth Biotech Ltd. and Pure Air Zone Italy srl have unduly equated the U-Masks with the FFP3 devices, in addition to having boasted a non-existent approval by the Ministry of Health

The Italian Competition Authority closed an investigation against the companies  U-Earth Biotech Ltd. and Pure Air Zone Italy S.r.l., imposing sanctions totalling 450,000 euros.

For over a year, the two companies have been promoting the "U-Mask" biotech surgical masks on the internet (in the "Model 2", "Model 2.1" and "Model 2.2" versions), registered as medical devices, unduly equating them with filtering facial masks of superior protective effectiveness, such as personal protective equipment of class FFP3, and attributing them additional qualities, for example virucidal properties and a duration of 200 hours, certified on the basis of tests carried out independently.

In addition, until the end of February 2021, the general terms and conditions of contract were available only in English and a non-existing approval of the mask by the Ministry of Health and the Italian Institute of Health was unduly boasted.

According to the Italian Competition Authority, this is a practice put in place in a misleading and aggressive manner, as on the one hand it is likely to mislead consumers about the effective protective capacity of the mask, endangering their health and, on the other, to leverage the situation of health emergency to unduly induce them to purchase the product, in violation of articles 20, 21, paragraph 1, letter b), and paragraph 3, 22, 23, paragraph 1, letter d), 24 and 25, paragraph 1, letter c) of the Consumer Code.

Until the end of last February, the two companies also did not comply with the regulations on pre-contractual information for the consumer in distance contracts, not providing the expected indications regarding the methods of exercising the consumer's right of withdrawal, the legal guarantee of compliance and the possibility of using an out-of-court complaint and application system in violation of article 49 paragraph 1, letters h), n), v) of the Consumer Code, and they did not comply with the rule on the mandatory jurisdiction of the consumer in violation of article 66-bis of the same Code.

Considering the seriousness and duration of the violations of the Consumer Code and also the high number of consumers involved due to the use of the internet, the Authority jointly and severally imposed on U-Earth Biotech Ltd. and Pure Air Zone Italy S.r.l. administrative sanctions of 400,000 euros for unfair commercial practice and 50,000 euros for unlawful conduct relating to consumer rights in contracts.

Rome, 22 October 2021