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Amazon appealed a decision by the Italian Competition Authority (AGCM) that imposed a fine of €1,000,000 for engaging in misleading commercial practices in the online marketing of British American Tobacco’s heated tobacco devices, Glo Hyper X2 and Glo Hyper Air, on Amazon.it
The Regional Administrative Court of Lazio (First Section) upheld the decision. It agreed with AGCM’s findings that Amazon had prominently characterized the devices as “mere electronic devices” and “nicotine-free,” while failing to clearly disclose and warn the consumers that the products can be used only with tobacco sticks containing nicotine. The Court found that Amazon’s presentation was likely to mislead consumers by downplaying health risks and obscuring the devices’ true function. The Court further emphasized that the devices serve a unique and necessary role in the consumption of heated tobacco, making it inconceivable that they would be purchased for any purpose other than tobacco use.