The Legislative Decree No. 145/2007 implements Article 14 of Directive 2005/29/EC and establishes rules to protect traders and businesses against misleading advertising while defining the conditions under which comparative advertising is lawful. The decree sets out key definitions, including advertising, misleading advertising, comparative advertising, professionals, and advertising operators. It provides that advertising must be identifiable, truthful and fair, and aims to prevent commercial practices capable of misleading recipients and distorting their economic behaviour. The decree specifies the criteria for assessing whether advertising is misleading, including claims relating to the characteristics, origin, price, conditions of supply, and qualifications of the advertiser. Comparative advertising is permitted only when it objectively compares goods or services meeting the same needs, avoids confusion between competitors, does not discredit competitors, and does not unfairly exploit the reputation of trademarks or protected designations of origin. The text further requires advertising to be clearly recognisable, prohibits subliminal advertising, and establishes special safeguards regarding products that may affect health and safety as well as advertisements directed at, or likely to reach, children and adolescents. Enforcement is entrusted to the Italian Competition and Market Authority, which may investigate complaints, order the cessation of unlawful advertising, require corrective statements, impose administrative fines, and adopt interim measures in urgent cases. The decree sets out procedures for evidence gathering, sanctions for non-compliance, and opportunities for advertisers to provide commitments to remedy infringements. It also recognises the role of voluntary self-regulatory bodies in resolving disputes concerning misleading or unlawful comparative advertising and preserves judicial remedies relating to unfair competition, intellectual property rights, trademarks, and protected designations of origin.
Italie · 2007-08-02