ITALY Law and Practice Contributed by: Massimo Tavella, Jacopo Ciani and Barbara Mazzi, Tavella Avvocati Associati
believe advertising is false, misleading, aggressive or otherwise unlawful. Consumers may base their claims on Articles 20–27 of the Consumer Code concern - ing misleading or aggressive commercial practices. If advertising forms part of a contract or induces a consumer into a contract under false pretences, the consumer can seek contractual remedies. Remedies include damages and injunctions. Courts can order the removal or modification of misleading advertise - ments, and compensation for financial loss or harm suffered due to the misleading advertisement may be granted. 1.9 Regulatory and Legal Trends According to the AGCM Annual Report 2024, in the period from January 2024 to March 2025, the Author - ity examined 36,900 reports, concluded 71 proceed - ings, of which 46 resulted in the finding of a violation, 17 with acceptance of commitments, and eight with no violations. In 76 cases of lesser severity, the Authority ordered archiving following the companies’ compliance with the recommendations provided through moral sua - sion. The activities carried out to protect consumers in the 2023–2024 biennium generated savings of over EUR28 million, as well as the return of more than EUR150 million to 900,000 consumers. The IAP 2024 Annual Report gives notice of 238 mat - ters examined and 36 decisions. Trends show that the authorities are paying increasing attention to greenwashing, influencer marketing and “made in Italy” claims. 1.10 Taste and Cultural Concerns Advertisers in Italy must navigate both legal standards and cultural sensitivities related to taste and decency. The IAP Code places high importance on protecting public morality, religious sentiment and gender dig - nity. Advertisers should avoid content that could be perceived as blasphemous, sexually explicit or dis - respectful toward religious institutions and symbols.
Italians are particularly sensitive to stereotyping, espe - cially concerning gender roles, body image and fam - ily values. The IAP closely monitors ads for sexist or degrading portrayals. Moreover, irony or satire that may be acceptable else - where could be poorly received if it crosses into per - ceived offensiveness or mocks cultural traditions. 1.11 Politics, Regulation and Enforcement In the period from January 2024 to March 2025, Italy experienced notable developments in the regulation and enforcement of advertising, influenced by both domestic matters and EU initiatives. In response to the “Pandorogate” scandal, which involved the pro - motion of charitable donations that were not made, the Italian Communications Regulatory Authority (AGCOM) issued new guidelines and a code of con - duct for influencers, aiming to enhance transparency and accountability in influencer marketing. The regulatory changes to Directive 29/2005 (“Empow - ering Consumers” Directive) have led to more proac - tive enforcement of environmental advertising laws, despite Italy’s withdrawal of support which contrib - uted to derailing the proposed Green Claims Direc - tive, which would have mandated prior verification of green claims. Misleading advertising is considered unfair commer - cial practice under Article 20 et seq. of the Consumer Code. An advertisement is considered misleading if it contains false or deceptive information or omission of material information about product characteristics (eg, quality, origin, effects), price or conditions of sale, consumer rights (eg, guarantees, return policy) likely to affect the average consumer decision-making. Italian authorities and courts typically consider criteria such as clarity, materiality, evidence and target audience. Claims must be factually accurate, not be ambiguous and provable by adequate evidence. How the aver - age consumer perceives the ad, including vulnerable groups (eg, children) is relevant. No proof of actual damage is required to establish a violation. 2. Advertising Claims 2.1 Deceptive or Misleading Claims
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