The present case dealt with an advertisement on diet-stimulating products. Following two complaints reported by a consumer and a competing trader on 9 March 2010 the Italian Competition Authority decided to launch an investigation proceeding against the defendant (a diet-stimulating products dealer) regarding several advertisings put out on television, press, radio and internet.
According to the complaints, the defendant advertised the diet stimulator "Kilocal" suggesting that it did not involve risks and that it remedied improper dietary habits.
Conversely, the defendant argued that the product "Kilocal" was regularly registered with the Ministry of Health. Regarding its ability to reduce calories, the defendant referred to a technical report filed with the IAP (Institute of Advertising Self-Regulation), which the defendant considered as a sufficient documentation to demonstrate the ascribed effects of the product. The disputed advertising was launched after the decision of IAP. Moreover, in the advertisement, the product was presented as a mere nutrition supplement. In this respect, the defendant further held, that expressions contained in the advertising and considered misleading by the Italian Competition Authority, were mere exaggerations and could not qualify as a misleading commercial practice.
The Authority asked the Ministry of Health for the necessary information.
On 19 May 2010 the defendant offered commitments to correct its practice. The Italian Competition Authority assessed the suitability of such commitments and within the limits of EU law, did not make the commitments offered by the defendant binding .
Since the practice was carried out by television, press, radio and internetthe opinion of the Italian Communication Authority was subsequently requested on 26 June 2010.