Provision no. 31483 of 2025 issued by the Italian Competition Authority (AGCM) concerns the advertising campaign launched by a well-known cosmetics brand on its website and social media in the summer of 2024 to promote certain sunscreen products.
The claims contested by the Authority concerned the assertion of increased effectiveness of the products, once applied to the skin, following exposure to sun, water or sweat, as well as their ability to restore the protective anti-UV film damaged by rubbing.
Regarding the directions for use of these products, the company's website only referred to the need to apply a generous amount of product, but did not provide any other recommendations or information.
Although the company provided scientific evidence demonstrating the veracity of the contested claims, the AGCM found the marketing communications in question to be misleading. These advertisements, in fact, omitted the recommendation to reapply the product several times throughout the day. According to the Authority, this omission could easily mislead consumers into interpreting the claims as suggesting a sunscreen with essentially unlimited duration (while studies demonstrated that the effectiveness was only temporarily enhanced).
The information in the package leaflet was not deemed sufficient to clarify the exact scope of the claims, since, on the one hand, the package leaflet can only be consulted after purchasing the product and, on the other, its consultation is merely optional.
The AGCM has therefore taken the opportunity to clarify the extent of the information obligations in the cosmetics sector, specifying that "The completeness of the relevant information must be assessed with a view to achieving the greatest possible clarity and transparency for consumers, especially where the products involve precautions for use or, more generally, could lead to potentially incorrect and/or harmful behavior. From this perspective, when evoking the characteristics and efficacy of cosmetic products, professionals are required to substantiate their claims by relating them to the nature of the products, so as not to confuse consumers regarding their characteristics and efficacy, as well as the possible results and effects achievable through their use.”.
In this case, the advertisements were deemed to violate Articles 20 and 22 of the Consumer Code, and the company was consequently fined. Due to the omission of information on the product's use, the claims were likely to mislead consumers regarding the product's characteristics, leading them to make purchasing decisions they otherwise would not have made.
This ruling is particularly relevant for the cosmetics sector, as it clarifies that it is not enough to provide truthful information supported by adequate evidence. It is also necessary to ensure that all relevant information is communicated comprehensively, so that consumers can properly understand the advertising message and avoid being misled about the product's effectiveness.
Content by Attorney Elisa Maria Babbini
