The Italian Competition Authority decided that providing consumers with inaccurate information on a food product's healthy and therapeutic properties, constitutes an unfair commercial practice and, in particular, a misleading advertising, as it is able to influence the transactional decision of particularly vulnerable consumers (in this case, particularly women between 40 and 60 years, to whom the advertisement was addressed).
The practice is also contrary to the requirement of professional diligence, as it does not comply with the normal degree of competence and attention as set forth by Article 5 of the UCP Directive. Given the special function and properties of food products, in such cases a higher degree of professional diligence is required than in other cases.