AGCM

The companies advertised the Glo Hyper X2 and Glo Hyper Air heated tobacco devices, denying, omitting or not highlighting information relating to the consumption of tobacco/nicotine connected with the use of such devices and the prohibition of sale to minors

The Italian Competition Authority has fined British American Tobacco Italia S.p.A. 6 million euro and Amazon EU S.àr.l. 1 million euro for the misleading advertising of Glo Hyper X2 and Glo Hyper Air heated tobacco devices, which was done by placing advertisements on billboards and in film spots, and on the Glo and Amazon.it websites.

Glo Hyper X2 and Glo Hyper Air were not advertised in such a way as to provide, in a truthful and appropriate way for the consumer, the two main usage warnings, namely that these products are harmful to health, due to the nicotine in the tobacco sticks to be used necessarily with the devices, and that they are not intended for use by minors.

British American Tobacco Italia and Amazon EU therefore breached articles 20, 21 and 22 of the Consumer Code as they advertised Glo Hyper X2 and Glo Hyper Air only as simple electronic devices and mere design objects, focusing on the product’s aesthetics to attract consumers, believing that they could disregard their functionality (the consumption of tobacco involving the intake of nicotine) and the specific warnings necessary for their informed use by those parties for whom they are intended, which obviously do not include minors. This is a seriously misleading conduct such as to induce consumers to buy a product that poses a health risk and is prohibited for minors.

Rome, 14 February 2024