AGCM

An investigation was launched against the companies associated with the influencer (Fenice, Tbs Crew and Sisterhood) as well as Cerealitalia, the producing company and owner of the trademark “Dolci Preziosi”. From Cerealitalia EUR 100,000 to “I Bambini delle Fate”.

The Italian Competition Authority has concluded the investigation opened last January on the spread of commercial communications advertising the Ferragni-branded eggs for the 2021 and 2022 Easter holidays. The proceedings had been initiated against the companies Fenice S.r.l., TBS Crew S.r.l. and Sisterhood S.r.l. (owners of the trademarks and personal rights of Ms. Chiara Ferragni) and Cerealitalia Industrie Dolciarie s.p.a. (owner of the trademark 'Dolci Preziosi'). The sale of the sweets was linked to a charity initiative in favour of the social enterprise 'I Bambini delle Fate'.

Through the investigation, the Authority intended to verify whether the information could lead consumers to believe that, by purchasing Ferragni branded eggs, they would contribute to economically support the social enterprise “I Bambini delle Fate”.

All companies involved in the proceedings submitted commitments, which were positively assessed by the Authority and made binding on them. The most relevant commitment envisages that, over the course of three financial years, at least EUR 3 million will be donated to “I Bambini delle Fate” (that is, 5% of the respective distributable profits, with an overall minimum of EUR 1.2 million for the three-year period by the companies Fenice and TBS; EUR 100,000 by Cerealitalia). This is an appropriate measure to compensate consumers who, by purchasing the product, wanted to make an economic contribution to “I Bambini delle Fate”.

Moreover, the companies committed to separate in a clear and permanent manner the commercial activities (advertisement and sale of products and/or services) from those linked to charitable purposes, in order to eliminate at the outset any risk of disseminating incorrect commercial claims about the potential contribution consumers can make to charitable initiatives through the purchase of products or services in question.

The Authority will verify the full and proper implementation of the commitments by the companies and, in case of non-compliance, in addition to reopening the procedure, it may impose a pecuniary administrative sanction of up to EUR 10 million and, in case of repeated non-compliance, order the suspension of business activities for a period not exceeding thirty days.

Rome, 5 July 2024