Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1.

Constitutes an unfair commercial practice, omitting to provide full information on the use of fast developing biotechnologies.

On 30 September 2010, the Italian Competition Authority decided to start an investigation in order to verify whether the advertisements activities of the defendant, a company specialized in biotechnologies, in relation to the potential use of umbilical cord preservation constitute unfair commercial practice.

During the investigations, it was established that no accurate information was provided in defendant's advertisements as regards (i) the guaranteed shelf life for blood sample preservation, which covers 15-16 years as compared to the 20-25 years announced, (ii) the genetic compatibility of family members and (iii) the obstacles to bringing samples to Italy for use in Italy.

 

In a short reasoning, it was held by the Authority that the overall impression of the information and messages circulated by the defendant was not sufficiently clear and did not provide consumers with complete information on the actual therapeutic applications of hematopoietic stem cells from umbilical cords.

Does it constitute an unfair commercial practice to omit full information on the use of fast developing biotechnologies?

URL: http://www.agcm.it/consumatore/consumatore-delibere/open/C12560D000291394/91617D1A11F6B086C1257935004B37A8.html

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As the defendant had, during the proceedings, made already several commitments to adjust these commercial practices, no sanctions were imposed.