ITALY Law and Practice Contributed by: Massimo Tavella, Jacopo Ciani and Barbara Mazzi, Tavella Avvocati Associati
The IAP Code complements the legal framework, pro - hibiting advertising that misleads consumers. 2.2 Regulation of Advertising Claims All advertising claims are subject to regulation in Italy. Authorities assess the overall impression created by the ad – including words, images, design and omis - sions. Even if a claim is not explicitly stated, adver - tisers can still be held responsible for the implied message if it is false or misleading. Implied claims (eg, imagery suggesting environmental benefits or health outcomes; colours associated with particular characteristics, such as the colour green signifying eco-friendly) must be objectively verifiable and sub - stantiated, if a consumer would reasonably interpret a message as conveying a factual claim. Subjective, exaggerated, hyperbolic or purely opinion-based statements are generally tolerated if they are clearly non-factual and not likely to mislead. 2.3 Substantiation of Advertising Claims Advertising claims must be substantiated with reliable, objective evidence that must be available at the time the claim is made. The type of substantiation required usually depends on the nature of the claim. Scientific or technical claims (eg, health benefits, environmen - tal impact, product performance) must be supported by robust scientific evidence such as clinical trials, lab testing or expert validation. Claims based on consumer experience, like satisfaction rates or effec - tiveness, require methodologically sound consumer surveys or usage tests. For factual assertions involv - ing origin, ingredients or sustainability, appropriate documentation, certifications or third-party verifica - tion is expected. Both the AGCM or IAP can require the advertiser to submit documentation regarding the claim substantiation. 2.4 Product Demonstrations If a demonstration is used to imply a particular effect, outcome or benefit of the product, these must be achievable under normal conditions of use, not just under ideal or manipulated circumstances. Any use of special effects, editing, accelerated processes or enhancements (eg, magnification, simulations) must be clearly disclosed to avoid deception. Demonstra - tions must be replicable and backed by evidence,
especially when they serve as the basis for perfor - mance claims. 2.5 Endorsements and Testimonials Under Article 4 IAP Code, testimonials and other forms of endorsement of a product for promotional purposes must clearly disclose their nature and must be authentic and responsible. Testimonials must reflect the genuine experience of real individuals, and their content must be verifiable and supported by evi - dence if they make objective claims (eg, performance, effectiveness, results). Endorsements by profession - als, influencers or celebrities must not mislead by exaggerating qualities or implying authority they do not possess (even with implied claims, such as a tes - timonial given by someone wearing a lab coat to imply medical competence). Additionally, the IAP Digital Chart establishes that any material connection between the endorser and the advertiser, such as partnerships, free products or invi - tation to events, must be clearly and prominently dis - closed with labels like “advertising”, “promoted by... brand”, “sponsored by... brand”, “adv/ad + brand”. Within the content, such statements – depending on the context – must be easily legible, not only by placement but also through graphic measures such as contrasting colours, adequate font size and, in the case of video disclaimers, on-screen visibility for an adequate period. 2.6 Environmental Claims Adopted on 28 February 2024, Directive (EU) 2024/825 (the “Empowering Consumers Directive”) amended the Unfair Commercial Practices Directive (UCPD) to more specifically address environmental claims. It amends the Unfair Commercial Practices Directive (2005/29/ EC) and the Consumer Rights Directive (2011/83/ EU) and includes provisions prohibiting generic envi - ronmental claims, non-certified sustainability labels, misleading circularity/durability/recyclability claims, or claims about future environmental performance with - out clear, time-bound, verifiable implementation plans by independent third parties. Member states are required to implement compli - ance measures, but Italy does not yet have a national implementing law, as the transposition deadline is 27
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