Electronic cigarettes, the Antitrust opens an investigation into Bate and Amazon

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Electronic cigarettes in the Antitrust’s sights. The competition guarantor The Antitrust has launched an investigation against Bat Italia and Amazon for alleged misleading advertising on electronic cigarettes. According to the Agcm, the British American Tobacco Italia and Amazon companies in the promotional messages of the Glo Hyper X2 device omit information or provide misleading information regarding the health risks associated with the use of the product and the prohibition of use for minors. In the messages with which Glo Hyper X2 is advertised it is not explained, or it is stated inadequately, that its use involves the emission of nicotine.

The disputed product

The investigation concerns the promotional activity connected with the sale of the Glo Hyper X2 device, the most recent model of heated tobacco product developed and marketed by British American Tobacco. Glo Hyper X2, explains the Agcm in a note, is presented as an alternative to the traditional cigarette because it is a new generation smoking product, consisting of an electronic device into which a tobacco stick is inserted, which is heated to high temperature, but not burned. Tobacco contains nicotine, a substance which has the capacity to induce addiction and which, in high concentrations, is harmful to health. In the messages with which Glo Hyper X2 is advertised it is not explained, or it is stated inadequately, that its use involves the emission of nicotine; in some messages, indeed, it is explicitly stated that consumption is “without nicotine”. Similar information shortcomings concern the warning that the product is intended for an adult audience. The omission and/or misleading of this essential information, explains the note, in promotional messages of the product could lead consumers to make a commercial decision different from the one they would otherwise have taken, exposing them, and in particular minors at the risk of unknowingly suffering damage to one’s health. Amazon itself was also involved in the promotional activity of Glo Hyper X2 carried out on the Amazon.it website, as the direct seller of the product through its online platform.