Giurisprudenza

  • Dettagli del caso
    • ID nazionale: Provvedimento n. 25311
    • Stato membro: Italia
    • Nome comune:PS9082 - SAN CARLO-PATATINE LIGHT
    • Tipo di decisione: Decisione amministrativa di primo grado
    • Data della decisione: 03/02/2015
    • Organo giurisdizionale: Autorità Garante della Concorrenza e del Mercato (AGCM)
    • Oggetto:
    • Attore: Consumers association
    • Convenuto: San Carlo Gruppo Alimentare Spa
    • Parole chiave: misleading actions, misleading omissions, product characteristics, professional diligence
  • Articoli della direttiva
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (a) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (b) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 2.
  • Nota introduttiva
    1) Commercial communications are misleading if they are providing false information on the characteristics of the products and appear to be in total contrast with professional diligence. In particular, the representative models chosen for a declaration of reduced fat content in the product's packaging are not adhering to the requirements of EU law in the matter (EC Regulation number 1924/06), if the percentage of reduction mentioned is lacking or not properly turned – in the same visual space with the same graphic evidence – to the specific term of comparison used as the basic version of the same product.

    (2) The indication of the use of a certain ingredient in the front of the product's package with a particular graphic enphasis, while its percentage of use is significanly lower than the percentage of other ingredients of the same type, is misleadingly able to give rise to the belief that the product primarily contain such ingredient.

    (3) The representation on the package in an ambiguous manner of the product and the lack of indication of the real and distinctive characteristics of it, is able to lead consumers to mistakenly believe that the package is markedly different from the basic product or the flavored variant.
  • Fatti
    From July 2013 to June 2014 some private consumers and the national union of consumers reported to AGCM the alleged misleading usage of information contained in the commercial communications on various types of chips marketed by San Carlo. In particular, by adding text and suggestive images, those commercial communications were attributing to certain products specific nutritional or health benefits which were not correct or else information was provided, with regards to the composition and the ingredients or the methods of processing or cooking, also attributing “craftsmanship” labels to the products despite their industrial nature.
  • Questione giuridica
    (1) Do the absence of a clear basis for comparison for the claim "30% fat" and the indication, in smaller terms "than the average of the best-selling classical chips" have misleading effects on consumers?

    (2) Is the claim "with olive oil" able to give rise to the belief that the chips are cooked and / or primarily contain such ingredient while in fact the product mainly contains other vegetable oils?

    (3) Is the presentation of the product "Rustica - Cracco recipe" able to lead consumers to believe that the chips are flavored with special ingredients?
  • Decisione

    (1) San Carlo declared a reduced fat content in their packaging. But the representative models chosen were not adhering to the requirements of EU law in the matter (EC Regulation number 1924/06), since the percentage of reduction mentioned was lacking or not properly turned – in the same visual space with the same graphic evidence – to the specific term of comparison used as the basic version of the same product.

    (2) San Carlo has then given a particular graphic emphasis to the presence of olive oil on their containers, omitting to indicate the actual percentage used: the quantity was given only on the back of the packets and was much lower than other vegetable oils.

    (3) Finally, San Carlo also presented in an ambiguous manner and leaving out the real and distinctive characteristics of some products, thus engendering consumers in the mistaken belief that these packages were markedly different from the basic product or the flavored variant.

    URL: http://www.agcm.it/consumatore--delibere/consumatore-provvedimenti/open/C12560D000291394/42488FECD1CE978DC1257DF6004438B0.html

    Testo integrale: Testo integrale

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  • Risultato
    The plaintiff's request was granted