The Antitrust Authority has concluded the investigation against the companies U-Earth Biotech and Pure Air Zone Italy, imposing overall fines of 450,000 euros
. For over a year, explains the Agcm, the two companies have been promoting biotech "U-Mask" surgical masks online, registered as medical devices, equating them "unduly" with filtering facials of higher efficacy, such as FFP3 personal protective equipment. and attributing to them further qualities, for example virucidal properties, certified independently. According to the Authority, this is a practice put in place "in a deceptive and aggressive manner".
Furthermore, the Antitrust Authority notes, until the end of February 2021, the general contract conditions were available only in English and a non-existent approval of the mask was claimed by the Ministry of Health and the Higher Institute of Health.
According to the Competition and Market Authority, it is therefore "a practice carried out in a deceptive and aggressive manner, as it is susceptible, on the one hand, of deceiving consumers about the effective protective capacity of the mask, endangering their health and, on the other hand, to leverage the health emergency situation to unduly induce the latter to purchase the product ", in violation of the Consumer Code.
Still until the end of last February, the two companies, the Authority still complains, "did not comply with the regulations on pre-contractual information for the consumer in distance contracts, not providing the required information on how to exercise the right to withdrawal of the consumer, the legal guarantee of conformity and the possibility of using an extra-judicial complaint and recourse mechanism in violation of Article 49 of the Consumer Code, and, in violation of Article 66-bis of the same Code, not they respected the norm relating to the indestructibility of the consumer's forum ".
Considering the severity and duration of the violations of the Consumer Code and also the high number of consumers involved due to the use of the internet, the Authority jointly imposed sanctions on U-Earth Biotech Ltd. and Pure Air Zone Italy Srl. administrative fees equal to 400,000 euros for unfair commercial practices and 50,000 euros for unlawful conduct relating to consumer rights in contracts.
