Supplements. AGCM: fines of one million euros for hidden marketing

On 27 March 2019, the Authority concluded a preliminary investigation against the companies The Juice PLUS+ Company Srl, The Juice PLUS+ Company Ltd, The Juice Plus+ Company Europe GmbH, The Juice Plus+ Company LLC, ascertaining that they market food supplements and JuicePlus+ branded meal replacements with deceptive and non-transparent promotion methods through the channel  social media marketing Facebook, in violation of the Consumer Code .

In particular, the proceeding concerned two profiles: first of all, the sales strategy adopted by JuicePlus encourages the sharing of consumption experiences that are not necessarily authentic. Specifically, a form of was examined marketing mainly through secret Facebook pages and groups, consisting in not making it clear that the sellers of JuicePlus products act within the framework of their commercial activity, who, on the contrary, falsely present themselves as consumers.

Secondly, the misleading nature of the information disseminated with regard to the main characteristics of the products and services was ascertained results that can be expected from their use, above all in terms of slimming and curative effectiveness, promising that by taking the products in question it is possible to recover from certain pathologies or to obtain considerable weight loss in a short time.

Furthermore, the Authority observed that in a virtual context, the absence of the elements characterizing the consumer-seller interaction requires professionals to adopt all the necessary measures to avoid role confusion and, therefore, incorrect behavior on the part of sellers affiliates. Consequently, JuicePlus should have exercised specific caution in the indications given to its affiliates and carried out extensive monitoring of their work, with the application of disincentive sanctions.

Therefore, the Authority considered that the commercial practice described is incorrect pursuant to articles 20, 21, 22 paragraph 2 and 23, paragraph 1, lett. aa) of the Consumer Code and fined the companies involved for one million euros.

During the proceeding, the Authority made use of the collaboration of the Special Antitrust Unit of the Guardia di Finanza.

Roma, 15 aprile 2019 – Comunicato Stampa AGCM

• Text of the Provision