TOBACCO CONTROL LAWS

BAT & Amazon- Misleading Advertising of Glo Hyper

Consumer protection organizations brought a complaint before the Italian Competition Authority alleging British American Tobacco Italia S.p.A. (BAT) and Amazon violated the Consumer Code by creating misleading advertisements for heated tobacco products (HTPs). The regulatory authority fined BAT 6 million euros and Amazon 1 million euros for failing to provide sufficient information to consumers about the nicotine content and associated health risks from using the Glo Hyper X2 and Glo Hyper Air products. The products were marketed as "simple electronic devices" and "design objects", focusing on aesthetics instead of tobacco consumption. The misleading conduct leads consumers to purchase a product that poses health risks and is prohibited for minors.

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BAT & Amazon- Misleading Advertising of Glo Hyper, Italian Competition Authority (2024).

  • Italy
  • Jan 30, 2024
  • Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato)

Parties

Plaintiff

  • Consumer Associations
  • National Consumers Union
  • Union for the Defense of Consumers

Defendant

  • British American Tobacco Italia S.p.A.
  • Amazon EU S.a.r.l.
  • Amazon Services Europe S.ar.l.
  • Amazon Italia Customer Services S.r.l.

Legislation Cited

Consumer Code

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Type of Tobacco Product

Heated tobacco products (HTPs)

Heated tobacco products (HTPs) are tobacco products that require the use of an electronic device to heat a tobacco insert (stick or pod of compressed tobacco). HTP systems are fully integrated so that the heating device and tobacco insert for each system must be used together.

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