Unfair Commercial Practices Directive, Annex I, 4.

Including on packaging and commercial communications of food products the slogan "as approved by FIMP" (the Italian Federation of Pediatricians), in the absence of any verification and approval by such Federation, constitutes a per se misleading commercial practice.

On 27 December 2007, the Italian Ministry of Health has reported the possible unfairness of a practice carried out by some undertakings (Novelli and Littlebit) active in the commercialisation of food products concerning the improper use of the slogan "as approved by FIMP".

On 9 January 2008, ADICONSUM (an Italian consumers' association) reported the possible unfairness of an advertisement and a labeling of certain food products for the improper use of the slogan "the only one product approved by FIMP".

On 6 February 2008, the Italian Competition Authority started its investigation proceedings against Novelli, Littlebit and FIMP (the Italian Federation of Pediatricians).

On 9 April 2008, the investigation proceeding was extended to FIMP Progetti, Beiersdorf and Siport.

Since the practice had been carried out by using press, internet and TV, the opinion of the Italian Communication Authority was requested.

Whether the inclusion on packaging and on commercial communications of food products of a slogan contemplating the approval of a nation professional federation, in the absence of any approval by such federation, constitutes a misleading commercial practice.

The Italian Competition Authority decided that the inclusion on packaging and on commercial communications of food products of a slogan contemplating the approval of a nation professional federation, in the absence of any approval by such federation, constitutes an unfair commercial practice and, in particular, a per se misleading commercial practice.

The inclusion of such slogan is able to influence the consumers' transactional decision, since consumers are induced to retain that the products having this slogan are special products, whereas they do not present any specific characteristic. Moreover, the FIMP" (Italian Federation of Pediatrician), being a professional association, must adhere to a higher degree of professional diligence.

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The Italian Competition Authority has decided to fine the involved undertakings on the basis of the gravity and duration of the practice as follows:

- FIMP Euro 300,000 €;

- Novelli Euro 120,000;

- Littlebit Euro 65,000;

- Beiersdorf Euro 100,000;

- Siport Euro 110.000

and to impose to cease the unfair behaviour.