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50th edition effective January 18th, 2010
First edition dated May 12th, 1966
IAP Board of Directors approved the text of the "Code of Marketing Communication" ("Codice della Comunicazione Commerciale"). The new Code, taking into consideration the interpretation of the Jury's jurisprudence and the input at the European and National legislative level, expressly increases the application range of the Self-Regulatory system.
The new version of the Code is in force since the 21st of January, 2008.
a) Purpose of the Code
The Code of Self-Regulation aims to ensure that marketing communication, while performing an extremely useful role in the economy, is carried out as a service to the public, with special consideration given to its influence on consumers.
The Code defines activities that, while legal, are in contrast with the aforesaid; the rules reflect the behaviour that communication must conform to, and constitute the legal basis for marketing communication self-regulation.
b) Complying Parties
The Code of Marketing Communication is binding for advertisers, agencies, advertising and marketing consultants, media of any kind, and for anyone who has accepted the Code directly or through membership in an association, or by underwriting a contract pertaining to the execution of marketing communication as described under para. d).
c) Obligations of signatories
Signatories undertake to observe the Code and its Regulations and to ensure compliance by their members, to efficiently disseminate the rulings of the Jury and to adopt appropriate measures towards members who fail to comply with or repeatedly disregard the Jury's decisions.
d) Acceptance clause
To more effectively ensure compliance with the decisions of the Jury, signatories undertake to ensure that their members and associates shall include a special clause in their contracts specifying acceptance of the provisions of the Code, its Regulations and the rulings of the Jury including publication of the latter, as well as acceptance of final desist orders issued by the Review Board.
e) Definitions
For the purposes of the Code, the term "marketing communication" shall refer to advertising and all other forms of communication including corporate and institutional messages whose aim is to promote the sale of goods or services irregardless of the modalities used, as well as forms of communication regulated by Title VI. The term does not refer to sales policies or marketing techniques as such.
The term "product" refers to the object of marketing communication and therefore also includes services, methods, treatments, rights, obligations and the like. The self-regulatory code does not refer to the nature of the product or service being offered.
The term "message" refers to any form of public presentation of the product and therefore includes the outer packaging, wrapping, labelling etc.
The term "consumer" refers to any individual, legal person or any group of individuals to whom the marketing communication is addressed or is liable to receive it.
For the purposes of the self-regulatory code, the distribution of promotional material for educational aims, as requested by public or private schools and supervised by teaching staff, does not constitute marketing communication.
Art. 1 – Fairness in marketing communication
Marketing communication must be honest, truthful and correct. It must avoid anything likely to discredit it.
Art. 2 – Misleading marketing communication
Marketing communication must avoid statements or representations that could mislead consumers, including omissions, ambiguity or exaggeration that are not obviously hyperbolical, particularly regarding the characteristics and effects of the product, prices, free offers, conditions of sale, distribution, the identity of persons depicted, prizes or awards.
In assessing whether or not a marketing communication is misleading, the benchmark is the reasonable consumer belonging to the relevant target group.
Art. 3 – Terminology, quotations, technical and scientific tests, statistical data
Terms, quotations and references to scientific and technical tests must be used appropriately. Technical and scientific tests and statistical data with limited validity must not be presented in such a way as to make them appear generally valid.
Art. 4 – Testimonials
Testimonials must be authentic, responsible and verifiable.
Art. 5 – Guarantees and warranties
Mandatory guarantees cannot be communicated in such a way as to convey the belief that they offer rights greater or different to those provided by law, when they do not.
Should guarantees or warranties be communicated that are greater or different to those that are mandatory, such marketing communication must specify the contents and conditions of the guarantee or warranty offered, or alternatively provide a brief but comprehensive description thereof together with reference to the written sources of information available at the point of sale or supplied with the product.
Art. 6 – Substantiation
The contents of marketing communication must be capable of substantiation; such substantiation should be available to the Jury or Review Board to prove the truthfulness of the data, descriptions, statements, illustrations used and the consistency of any testimonies.
Art. 7 – Identification
Marketing communication must be clearly distinguishable as such. When a medium presents news and other editorial matter to the public together with marketing communication, it should be ensured that the marketing communication is readily distinguishable as such.
Art. 8 – Superstition, credulity, fear
Marketing communication should not play on superstition, credulity or, except in justifiable cases, fear.
Art. 9 – Violence, vulgarity, indecency
Marketing communication should not contain statements or audio or visual treatments depicting physical or moral violence that may be considered indecent, vulgar or repugnant to prevailing standards of decency.
Art. 10 – Moral, Civil, and Religious Beliefs and Human Dignity
Marketing communication should not offend moral, civil and religious beliefs. Marketing communication should respect human dignity in every form and expression and should avoid any form of discrimination.
Art. 11 – Children and young people
Special care should be taken in messages directed to children and young people or to which they may be exposed. Such messages should avoid material that could cause psychological, moral or physical harm, and should not exploit the credulity, inexperience or sense of loyalty of children or young people.
In particular, such marketing communication must not suggest:
The portrayal of children and young people in marketing communication must avoid playing on the natural sentiments of adults towards the young.
Art. 12 – Health, Safety and Environment
Marketing communication involving products that may potentially endanger health, safety or the environment, especially when such dangers are not immediately recognisable, should indicate such dangers clearly.
In any case marketing communication should not contain descriptions or representations that may lead consumers to be less cautious than usual or less watchful and responsible towards their own health and safety, and that of others.
Art. 13 – Imitation, Confusion and Exploitation
Marketing communication should not copy or slavishly imitate that of others even if it concerns non-competitive products, especially if there is the risk of generating confusion with the marketing communication of others.
Moreover, any exploitation of the name, trademark, notoriety and corporate image of other marketers should be avoided, if it is intended to generate an undue advantage.
Art. 14 – Denigration
Marketing communication should not denigrate the activities, companies or products of others, even if not specifically named.
Art. 15 – Comparative advertising
Comparative advertising is permitted when it helps to explain the technical or financial features and benefits of promoted products and services, objectively comparing the relevant basic, technically verifiable and representative features of competitive goods and services, that meet the same needs or are intended for the same purpose.
Comparisons should be fair and not be misleading, nor generate the risk of confusion, or discredit or denigrate others. Comparisons should not draw unfair advantage from the notoriety of others.
Art. 16 – Variability
Marketing communication which is acceptable for one medium or product may not necessarily be acceptable for another, due to the different characteristics of the various media and products.
In the cases referred to in articles 17, 18, 21, 27, 28 and 46 below, messages that are limited to general statements are permitted to omit all the relevant necessary information.
Compliance of a marketing communication with the provisions of the Code does not rule out the right of the media to decide, based on their contractual autonomy, to reject it on the grounds that it breaches stricter criteria they may have put in place.
A) Sales systems
Art. 17 – Sale by instalment
Marketing communication concerning sales by instalment should clearly specify the amount of any deposit or payment on account and of all subsequent payments, the interest rate and ancillary charges, and the total price of the product. It should also specify the terms under which financing is granted, conditions of ownership and property, and leasing or rental with redemption rights.
Art. 18 – Distance selling
Marketing communication relating to distance selling should clearly provide a description of the products offered for sale, the price, payment terms, delivery/handling charges and all other charges payable by the consumer, conditions of supply and, if applicable, cancellation or return clauses must also be indicated, as well as the existence and procedures for withdrawal from the sale.
The name, address, registered offices and geographical location of the marketer should also be specified.
Art. 19 – Unsolicited supply of goods
Any marketing communication associated with the practice of sending unsolicited products to consumers, suggesting that recipients are obliged to pay for goods unless they are refused or returned to the supplier, shall be forbidden.
Art. 20 – Special sales
Marketing communication relating to special sales of any kind, in particular promotional sales, should clearly specify the additional benefit deriving from the purchase, as well as the duration of the offer. The duration of the offer does not need to appear on the packaging.
Art. 21 – Prize promotions
Marketing communication relating to prize promotions involving competitions or premium operations, should provide consumers with clear and simple information on eligibility to participate, closing dates and prizes; for competitions the information should include the number and total value of prizes, the procedure for awarding prizes and the media to be used for publicising the results.
B) Product categories
Art. 22 – Alcoholic Beverages
Marketing communication concerning alcoholic beverages should not be in contrast with the obligation to depict styles of drinking behaviour that project moderation, wholesomeness and responsibility. This principle aims to safeguard the primary interest of the population in general, and of children and young people in particular, in a family, social and working environment safeguarded from the negative consequences of alcohol abuse.
In particular, such marketing communication should not:
Art. 23 – Cosmetics and Personal Hygiene Products
Marketing communication relating to cosmetics and personal hygiene products should not encourage the belief that such products have characteristics, properties or functions other than to be applied to the skin, mouth or teeth for the exclusive or primary purpose of cleaning, deodorizing, freshening, improving their appearance or protecting them, in order to keep them in good condition.
Such marketing communication, therefore, may present these products as having additional features preventing particular pathological conditions, provided they actually contain specific ingredients or formulations with such effects; under no circumstances, however, should consumers be led to consider cosmetic or personal hygiene products as substitutes for medication, medical aids or therapeutic treatments.
Art. 23 bis – Food supplements and health foods
Marketing communication relating to food supplements and health foods should not claim to have properties that do not correspond to the actual characteristics of the products, or that the products do not actually possess.
Furthermore, such marketing communication should not encourage consumers to make nutritional errors and should avoid referring recommendations or statements of a medical nature.
These rules also apply to infant formula and baby foods, products designed to wholly or partially substitute mother's milk, products used for weaning and food supplements for children.
In particular, as regards marketing communication relating to food supplements for weight loss or control and other specific supplements, the provisions contained in the relevant Regulations, which form an integral part of this code, shall apply.
Art. 24 – Physical and Aesthetic Treatments
Marketing communication relating to physical and aesthetic treatment should not encourage the belief that such treatments have therapeutic or restorative functions, or can achieve radical results; reference to recommendations or statements of a medical nature must be avoided.
Art. 25 – Medicinal Products and Curative Treatments
Marketing communication relating to medicinal products and curative treatments should consider the sensitivity of the matter and display the utmost sense of responsibility; it must also accurately reflect the details contained in the fact sheet summarising the product specifications.
Such marketing communication should draw the consumer's attention to the need for caution in using the product, explicitly and clearly encouraging consumers to read the package warnings and advising against the improper use of the product.
In particular, marketing communication relating to over-the-counter products should include the name of the medicinal product as well as the common name of the active ingredient; this latter information is not compulsory if the medicinal product contains more than one active ingredient or the communication is intended solely as a generic reminder of the product's name.
Moreover, marketing communication relating to over-the-counter medicinal products and curative treatments should not:
As regards marketing communication relating, in particular, to veterinary medicines, the rules contained in the relevant Regulations shall apply, and form an integral part of this Code.
Art. 26 – Instruction Courses and Study or Teaching Methods
Marketing communication relating to instruction courses and study or teaching methods should not contain any promise of work or exaggerate employment or salary opportunities for those persons who follow such courses or adopt the proposed methods, nor should it offer degrees or qualifications which are not recognised or not obtainable by such methods.
Art. 27 – Financial and real estate transactions
Marketing communication aimed at soliciting or promoting financial transactions and in particular transactions for savings and investments in securities or real estate property should supply clear and comprehensive information to avoid misleading consumers regarding the promoter, the nature of the proposal, the quantity and characteristics of the goods or services being offered, the terms of the transaction, and the relevant risks, to ensure that the recipients of the message, even if inexperienced in this field, can make informed choices about the use of their resources.
In particular, such communication should:
Marketing communication relating to real estate transactions should be set out in such a way as to avoid deception by passing financial investments off for real estate investments or by focussing on the financials of a real estate property without making it clear that the investment actually involves securities.
The provisions of this article apply also to marketing communication relating to banking services always, and to insurance services when it is necessary to emphasise the investment aspect.
Art. 28 – Package Tours
Marketing communication of any kind relating to package tours should provide comprehensive and accurate information, particularly regarding the services included in the minimum price for participation. The communication should strongly suggest that consumers carefully consider the terms and conditions of participation, payment and cancellation as indicated in the brochure or registration form.
Art. 28 bis – Games, Toys and Educational Products for Children
Marketing communication relating to games, toys and educational products for children should not be misleading as to:
In any case, this type of marketing communication should not play down price of the product or imply that its purchase is generally compatible with all family budgets.
Art. 29 – Composition of the Jury
The Jury is composed of between ten and twenty members, appointed by the Istituto dell'Autodisciplina Pubblicitaria, and chosen from among experts in law, consumer affairs and communication.
The members of the Jury remain in office for a two-year term and can be reconfirmed.
The Institute chooses the President and Vice-Presidents, who stand in for the President in his absence, from among the members of the Jury.
The members of the Jury cannot be chosen from among experts who practice their professional activities in the area of marketing communication self-regulation.
Art. 30 – Composition of the Review Board
The Review Board, aimed to protect the general interests of consumers, is composed of between ten and twenty members, appointed by the Institute, and chosen from among experts in legal affairs, advertising, consumer affairs and media.
The members of the Review Board remain in office for a two-year term and can be reconfirmed.
The Institute chooses the President and Vice Presidents from among the members of the Review Board.
The Board can be divided into smaller groups of at least three members, and such sub-groups are chaired by the President or a Vice President.
The members of the Review Board cannot be chosen from among experts who practice their professional activities in the area of marketing communication self-regulation.
Art. 31 – Principles of Judgment
The members of the Jury and the Review Board perform their duties according to their convictions and not in the interests of classes of subscribers to the Code. In the execution of their task the members of the Jury and the Board are expected to observe the utmost discretion.
Art. 32 – Function of the Jury and of the Review Board
The Jury examines the marketing communication submitted to it and judges it according to the provisions of this Code.
The Review Board:
The Jury and Review Board can, at any time, ask the marketer to supply documentation in support of the truthfulness of the data, descriptions, statements, illustrations or testimonials used. The Jury and Review Board may avail themselves of experts to evaluate the documentation thus produced.
Except for the provisions set out in this Code, the Jury and Review Board perform their duties without formalities.
Art. 32 bis – Expert witnesses
A list of expert witnesses shall be chosen from among acknowledged authorities on specific matters and appointed by the Istituto dell'Autodisciplina Pubblicitaria to support the Jury.
Art. 33 – Secretariat
The Secretariat of the Institute also carries out secretarial duties for the Jury and Review Board.
The Secretariat certifies the existence of cases pending before the Jury and, on request of interested parties, issues written statements to this effect.
Art. 34 – Location and meetings
The Jury, the Review Board and the Secretariat are all located in the offices of the Institute.
The Jury and the Review Board and its sub-groups meet whenever required. The meetings are convened by their respective Presidents with at least three days' advance notice.
Such notice may be shortened in the event of emergency situations.
The meetings of the Jury and the Review Board are not open to the public.
The Jury is validly constituted with the presence of at least three members; the Review Board, in plenary session, with at least five members.
In the absence of the President and the Vice-Presidents, the meeting is chaired by the most senior member. The Jury and the Review Board, the latter when a plenary session is sitting, make their decisions based on the majority vote of the members present. In the event of a tied vote, the President of the meeting casts the deciding vote.
Decisions by sub-groups of the Review Board must be taken unanimously; if unanimity is not possible, decisions are delegated to a plenary session of the Board.
Sub-groups of the Review Board are validly constituted with the presence of at least three members.
The meetings of the Jury and the Review Board are supported by a member of the Secretariat who is sworn to secrecy and must leave the meeting while the Jury is deliberating.
Art. 35 – Administration
The administrative procedures to be adopted concerning petitions to the Jury and services provided by the Institute are decided by the Board of Directors.
Art. 36 – Petitions to the Jury and complaints to the Review Board
Anyone who believes he or she has suffered prejudice from marketing communication activities contrary to the Code may request the intervention of the Jury against those who, having accepted the Code in one of the forms set out in the preliminary and general rules, have undertaken activities alleged to have caused damage to the petitioner.
Petitioners should submit a written request containing a description of the marketing communication which is being submitted to the Jury, the reasons for the petition, supporting documentation and the relevant administrative charges.
Individual consumers and consumer rights associations may submit complaints free of charge to the Review Board regarding marketing communication allegedly breaching the rules of the Code that safeguard the general interests of the public.
Art. 37 – Proceedings Before the Jury
Upon receipt of a petition, the President appoints a referee from among the members of the Jury, and possibly an expert witness with specific expertise on the matter at hand, arranges for copies of the petition to be sent to the defendant; assigns them a deadline of between eight and twelve clear working days for filing possible comments and documents; and convenes the parties before the Jury at the earliest for a verbal discussion of the dispute, focusing primarily on those aspects which could not be handled in writing.
Where the disputed marketing communication consists in a direct comparison or concerns a promotion lasting 30 days or less, the petitioner may ask for the resisting party to be required to file comments and documents within eight clear working days, and for the hearing before the Jury to take place, barring special circumstances, within no more than ten clear working days of filing the petition.
A specially delegated member of the Review Board participates in the discussion, along with the expert witness, if appointed.
The hearing cannot be postponed except under extraordinary circumstances or if all parties are in agreement.
In proceedings originated by a requesting party the President of the Jury may request a written opinion from the Review Board, in which case a deadline is set for its response.
Once discussions have ended, the Jury:
At any time during the proceedings the Jury may ask, without procedural formalities, for the opinion of the Review Board on any matter.
Both parties may be assisted or represented by their lawyers or consultants before the Jury.
Art. 38 – Decision of the Jury
At the end of the discussion the Jury retires to the Board room and invites the expert witness, if appointed, to participate without voting rights.
The Jury announces its decision and immediately communicates its findings to the parties involved. If the decision establishes that the marketing communication does not comply with the provisions of the self-regulatory code, the Jury orders the offending parties to refrain from using it within the term set forth in the relevant Regulations.
In the summary of the decision, information on the censured aspects of the communication can be provided, if necessary.
At the earliest possible opportunity the Jury files its verdict with the Secretariat which than sends copies to the parties and to any other interested organisations.
The Jury's decisions are final.
Art. 39 – Desist Order
Should any marketing communication submitted for examination appear to clearly violate one or more articles of the self-regulatory code, the President of the Review Board may order the marketer to desist from publishing it.
The desist order, with a summary of the grounds justifying the ruling, is communicated to the parties by the Secretariat, with advice that each party has up to 10 days to challenge the decision with the Review Board.
If the President of the Review Board verifies that no challenge has been filed, the deadline has passed and no grounds for challenging have been offered up, the order becomes final. The Secretariat certifies the enforceability of the ruling which is then communicated to the parties concerned for compliance within the terms set forth in the relevant Regulations.
Should the ruling be opposed with grounds and within the deadline, the desist order is regarded as pending. The President of the Review Board, having considered the facts and reasons put forward by the challenging parties, may decide, after listening to the Board's opinion, that the desist order should be withdrawn and the case dismissed, with the parties being advised accordingly.
Conversely, should the Review Board consider the reasons for opposition to be unconvincing, the case is handed over to the President of the Jury together with the relevant grounds. Should the President of the Jury also deem the reasons for opposition to be unconvincing, the case is sent back to the President of the Review Board who takes the steps described in para. 3 above. On the other hand, if the President of the Jury believes that the Jury should decide, the parties are called to appear before the Jury for discussions at the earliest possible opportunity but no later than the time frame envisaged for standard procedures; in such cases the desist order is revoked.
Art. 40 – Publication of the Decisions
Decisions are published by the Secretariat, posted on the website and filed in the database of the Istituto dell'Autodisciplina Pubblicitaria with the names of the parties concerned.
The Jury may order excerpts of decisions to be disclosed to the public by the Institute, including the name of the parties under the terms and in the media deemed to be appropriate.
The excerpt is drafted by the referee and signed by the President.
The parties cannot use the decision for marketing purposes.
Art. 41 – Binding nature of Jury decisions
The media through which marketing communication is disseminated which directly or through their trade associations accept the self-regulatory code, even if not involved in the proceedings before the Jury, are obliged to observe its decisions.
Art. 42 – Non-Observance of Decisions
Should the party bound to comply with the decisions of the Jury or the Review Board fail to do so within the time frame set out in the Regulations, the Jury or its President reiterate the order to discontinue the offending marketing communication and order notice of such non-compliance to be made public by the Istituto dell'Autodisciplina Pubblicitaria, through the media channels specified by the Jury.
To this end, interested parties may present a petition to the President of the Jury. If the non-compliance is not obvious, the President may decide that the situation should be dealt with by standard procedure. Alternatively, the President issues a ruling and brief explanation confirming the non-compliance and, as per the first paragraph above, advising the parties of their right to file a substantiated objection within a maximum of five working days, pending which the measure is suspended.
In the event of failure to file a challenge within the official deadline, or of presentation of a manifestly ungrounded objection, the ruling becomes enforceable and is communicated to all parties.
Alternatively, the President of the Jury may revoke the ruling and call the parties to appear before the Jury to discuss the dispute at the earliest possible opportunity but no later than the time frame envisaged for standard procedures. If the Jury confirms the non-compliance, it takes the steps described in the first paragraph above.
Art. 43 – Creatives projects
Marketers planning to hire an advertising agency or professional consultant to join them on one or more creative projects to participate in a tender, or in a joint or individual consultancy, should refrain from using or imitating any creative or inventive aspects of the project(s) that are rejected or not selected, for three years as of the filing date of such material with the Secretariat of the Istituto dell'Autodisciplina Pubblicitaria, such material being filed in a sealed envelope by the advertising agency or professional consultant concerned, complying with the Regulation.
Art. 44 – Protection Notices
In order to protect the creative elements of a marketing communication, isolated messages released in anticipation of and to safeguard a future communication campaign must be filed and published in compliance with the rules and regulations of the Istituto dell'Autodisciplina Pubblicitaria. The filings in force may be examined at the Institute's offices and are published, for purposes of information only, on its website.
The protection is valid for eighteen months starting as of the date of filing.
Art. 45 – Marketing communication carried out abroad
Marketers wishing to protect marketing communication carried out abroad from the threat of imitation in Italy, may file copies of such communication with the Secretariat of the Istituto dell'Autodisciplina Pubblicitaria, as per the Institute's regulations.
The filing confers priority rights valid for a period of five years as of the date of filing.
Art. 46 – Appeals to the public
The rules of this Code apply to any message aimed at raising the awareness of the public as to issues of social relevance, whether specific or general, or which directly or indirectly solicits donations of any kind for the purpose of achieving objectives of a social nature.
Such messages should clearly identify both the author and the beneficiary of the appeal, and specify the social objective being sought.
The promoters of such messages may freely express their opinions on the issue at hand, but there must be a clear indication that the opinions being expressed are those of the promoters, and are not based on fact.
In any case such messages should not:
The above provisions also apply to marketing communication featuring references to social causes.
1) Such supplements should not be presented as "slimming" products. The role of food supplements intended for weight control reduction is that of an "aid to low-calorie diets". Moreover, the concept of slimness being synonymous with good health should not be emphasised.
2) Messages promoting such products should not use fanciful names designed to suggest or guarantee properties that the products do not possess, or which the marketer cannot prove.
3) Messages promoting supplements intended for weight control or weight loss should not refer to scientific endorsements or approval.
Messages should not refer to "industry professionals" (doctors, pharmacists, dieticians, etc.) who, on the basis of their authority and standing in the eyes of the public by virtue of their professional role, could endorse the general effectiveness of the products and decrease the consumer's objectivity in choosing products to meet individual needs which vary from individual to individual.
For similar reasons, endorsements by scientific societies or associations cannot be cited.
4) Messages should specify that the products in question must be used in conjunction with a suitably low-calorie diet and an increased level of exercise, and avoiding an overly sedentary lifestyle.
5) Marketing communication relating to weight control or weight loss supplements should not present generic weight loss plans prepared by experts as universally valid.
This rule is based on the conviction, long supported by the scientific community, that it is illogical and irrational to offer consumers generic weight loss plans without taking the background and characteristics of every individual into due account. Therefore, standardised diets must not be claim to be universally valid. Should marketing communication propose a standard diet, consumers must also be told to consult a doctor or dietician to ensure that the diet is appropriate for the consumer's needs.
6) Marketing communication relating to supplements intended for weight control or weight loss should not use pictures or testimonials aiming to compare the situation before using the product with the results achieved after using it.
7) Marketing communication relating to supplements intended for weight control or weight loss should avoid quantifying results achievable over a specific time frame (in terms of weight loss, smaller circumferences, fat mass, fatty tissue, etc.).
8) Marketing communication relating to supplements intended for weight control or weight loss should not suggest that significant results can be achieved quickly and without sacrifice.
The use of food supplements intended for weight control or weight loss can be effective and produce the desired affects only as part of a diet programme which, to be low-calorie, necessarily requires sacrifices (restricted energy intake). The promise of results without sacrifice is in contrast with the principle of truthfulness.
Moreover, excessively rapid weight loss is dangerous to human health. Consequently, the promise of rapid weight loss could not only generate unrealistic expectations but also encourage unhealthy behaviours.
9) Special precautions must be taken in marketing communication for food supplements intended for weight control or weight loss that cite clinical and scientific trials, in view of the vulnerability of target consumers. Therefore:
10) Marketing communication relating to supplements intended for weight control or weight loss should avoid explicitly mentioning such concepts as the "ideal" weight, "ideal" figure, etc.
Messages must reflect the sensitive nature of the topic, in terms of communications, with respect to eating disorders.
The concept of the "ideal" weight is now obsolete, having given rise to treatment errors and serious mental illnesses.
11) Marketing communication relating to such products should not associate the build-up of fat with water retention.
12) Marketing communication relating to such products should not associate body weight with flatulence.
13) Marketing communication relating to such products should not cast discredit on the complex carbohydrate-rich Mediterranean diet.
14) Messages promoting food supplements for weight control or weight loss may only claim generic effectiveness as an aid, but cannot claim untrue or unproven effects benefiting particular sub-groups of consumers affected by specific problems (e.g. emotional eating, slow metabolism, etc.).
OTHER TYPES OF SUPPLEMENTS
15) Messages relating to products that claim anti-ageing properties should not lead consumers to underestimate the need to adopt a healthy lifestyle and eliminate risk factors; such products should therefore avoid suggesting that such products can prevent or delay the ageing process.
16) Marketing communication should not encourage the belief that a food supplement or non-medicinal product can cure male impotence.
This rule is often breached by communications claiming to enhance physical and sexual performance, especially in men. Some messages go so far as to claim effects on male impotence for products therefore presented as an alternative to therapeutic treatments.
It must be stressed that in most cases, experimental evidence on the efficacy of such products on animals and humans is extremely inadequate and insufficient for supporting such claims.
Messages should reflect the fact that these products may have adjuvant toning effects, without leading consumers to underestimate the need for medical advice on their condition and, if necessary, appropriate medical treatment.
17) Marketing communication relating to food supplements aimed at controlling plasma lipids should specify that these products serve to promote normal lipid metabolism as part of a suitable diet programme. These products should never be presented as appropriate for treating pathological disorders requiring professional medical attention.
18) Marketing communication relating to food supplements should not encourage the belief that such products are intended for athletes or people engaging in intense physical activity, due to their positive effects on muscle mass or physical performance.
Products formulated especially for athletes, and indicating such effects specifically on the label, represent a particular category of dietary products.
These Regulations outline the process and procedures adopted by the Review Board to issue copy advice pursuant to article 32, paragraph 2, point 5 of the Code of Marketing Communication.
1) The Review Board has established a special sub-group devoted to issuing copy advice, called the "Copy Advice Section".
The Section is presided over by the President of the Review Board, one of the Deputy Chairmen, or a member of the Committee empowered to do so by the President, and includes at least two other members chosen in turn by the President of the Review Board among Board members with specific expertise in the matters at hand.
Once applicants have filed a request for a preliminary opinion, they are entitled to know the members of the Section.
2) The Section is generally responsible for issuing copy advice in compliance with article 32, paragraph 2, point 5 of the Code, with the effects envisaged therein. In particularly sensitive or complex cases, the President of the Section may refer the issuance of opinions to the full Review Board after notifying the applicant to this effect.
The Section and the Review Board may in any case avail themselves of experts.
3) Parties intending to apply for a copy advice should forward a written request to this effect to the Secretariat of the Istituto di Autodisciplina, attaching the marketing communication for which an opinion is being sought both in paper and electronic form, in the closest possible version to the final form (e.g. story-boards for television commercials, complete scripts for print ads, etc.), or at least a detailed description such as to enable the Board to acquire the fullest possible understanding of all the features of the marketing communication. The application may also include any documentation evidencing compliance of the communication with the relevant rules of the Code. Such documentation is compulsory for claims of product performance, in order to check the truthfulness of statements contained in the message.
A separate request for a copy advice should be filed for each marketing communication, and in the event of any changes made to the communication following findings issued by the Board. The relevant administrative charges as set by the IAP Board of Directors should be paid upon filing requests for copy advice.
4) The Section, as a whole or through a member specifically appointed by the President of the Review Board should acquire any and all information and clarifications that may be needed or helpful for issuing opinions, without formalities and employing the fastest and most fitting communication channels. Parties who have requested preliminary opinions may contact the Section either personally or via the aforesaid communication channels, with a view to better illustrating aspects of particular relevance to the issuance of preliminary opinions.
5) Copy advice are issued in writing; opinions that are negative or favourable with reservations will be adequately explained. Copy advice are issued as promptly as possible, and no later than 5 working days as of receipt of the request by the Secretariat of the Istituto di Autodisciplina. Particularly complex cases may require up to 8 working days.
With reference to paragraphs c) and d) of the Preliminary and General Rules of the Code of Marketing Communication Self-Regulation and considering that articles 38 and 39 are aimed at achieving the speediest discontinuance of marketing communication found to breach the Code, the Board of Directors of the Institute has established that condemned marketing communications should cease within seven working days, or within five working days in cases as provided under art. 37.2, with regard to the following media: television, radio, b/w newspapers, posters.
This is the deadline which shall start elapsing from the first working day following the hearing handing down the Jury's decision.
On the day of the ruling the Secretariat of the Institute communicates the decision to all the parties and media involved, who will take it upon themselves to advise any other interested parties of the decision.
If the desist order concerns the outer packaging of the product, it must be enforced within 120 days of filing the Jury's verdict.
As to the decisions of the Review Board, enforcement must begin on the day following receipt of the final desist order.
Considering the particular features of media other than those mentioned above, enforcement of the desist order shall be as timely as technically possible.
The Jury may allow more time for enforcement in the event of particular technical requirements.
Marketers are responsible for the timely and effective enforcement of decisions concerning their marketing communication and shall advise the Secretariat of the Institute in writing (faxes are also permitted) by the end of the first working day following the date of the final Self-Regulation ruling, that they have taken steps to withdraw the message in question as per the deadlines indicated above, on all the media included in the planned marketing campaign.
With reference to articles 13 and 44 of the Code of Marketing Communication Self-Regulation, future communication campaigns can be protected through the prior disclosure of an isolated message. This requires that the essential creative elements of the idea be briefly but accurately described, if necessary with pictures, then filed and published as set out below:
1) The applicant shall:
a) fill in the on-line "Pre-emption form", indicating the creative elements for which protection is sought;
b) at the same time, also fill in the "Request to file" form and forward it by email to the IAP, enclosing evidence of payment of the relevant fees.
Both documents can be downloaded from the IAP website at www.iap.it: click on "Procedure for safeguarding future campaigns".
2) The creative elements to be protected must be contained in a single advertisement for products or services whose names need not be specified; naming the company is also optional. However, if such information is not provided, the name of the advertising agency or consultant must be indicated.
3) Pre-emption rights become effective as soon as the IAP has received the complete and correct application form as per point 1) above; the rights are registered by the IAP Secretariat and are valid for 18 months against parties subject to compliance with the Code who are deemed to have imitated the advertisement covered by protection in any medium.
4) All filings may be viewed at the Institute's offices and are published as quickly as possible, for consultation purposes only, on the IAP website – "Advertisements filed for the protection of future campaigns" (in Italian: Elenco depositi a tutela di future campagne).
5) No filings are published when the Institute's offices are closed, however pre-emption rights are still acquired provided that applications are filed as per point 1) above.
Pursuant to Art. 31 of the Code, members of the Jury and Review Board, or consultants (expert witnesses) shall not participate in deliberations in the following cases: a) those falling under the scope of Art. 51.1 c.p.c.; b) cases in which they are currently involved, or have been involved in the last 12 months, in respect of providing their professional services to the advertiser or applicant; c) cases in which there is a serious conflict of interest (incompatibility). Participation in deliberations shall not be allowed in such cases, or in cases directly involving competitors of the party with respect to whom the member or consultant is in a situation of conflict of interest (incompatibility).
Members of the Jury and Review Board, and expert witnesses (technical consultants) as defined by article 32 bis of the Code should refrain from appearing in advertisements and marketing communications.
Members of the Jury and Review Board and expert witnesses are obliged to consider whether a conflict of interest (incompatible) situation exists upon receiving the documents relative to the dispute or the case submitted for examination, and, if such a situation does exist, should with out delay notify the Chairman of the panel or relevant section of the Review Board, that they will not participate in deliberations. Should the Chairman agree that the member or advisor is in a conflict of interest situation, the Chairman of the Jury or the Chairman of the Review Board should be duly informed. In turn, if both Chairmen agree that there is a conflict of interest situation, they should notify the Chairman of the Istituto di Autodisciplina of the member's inability to participate in the deliberations.
Members of the "Copy Adivce" section of the Review Board should notify any conflict of interest situations as soon as they discover the identity of the party presenting the application and the matter to which it refers.
The Board of Directors is responsible for evaluating breaches of conflict of interest rules, and may at its own discretion adopt measures including the decision to terminate the offender's appointment as a member of the Jury or Review Board, or as an expert advisor (consultant), taking into due account the concrete influence of the individual's behaviour on the outcome of the self-regulatory process. In any case, such measures as may be adopted do not constitute grounds for challenging the decision of the Jury or the deliberation of the Review Board in which the member deemed to be in a conflict of interest situation has participated.
The Board of Directors issues its decisions in response to applications from any interested parties, after hearing the member of the Jury or Review Board or expert witness (consultant) involved.