Regulations

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.

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:
   • messages should not use terms such as “clinically tested”, or “clinical trials prove that…” that may mislead recipients as to the scope and size of the studies conducted, or the nature of the promoted product, presenting it in such a way as to suggest that it has therapeutic or pharmacological properties;
   • messages should not quote scientific data taken from bibliographic research conducted on any of the product’s ingredients that fails to reflect the effective action of the ingredients in respect of the amounts used in the product and any possible interactions with other ingredients;
   • it is possible to support statements contained in the message with detailed and truthful citations of specific tolerance or efficacy testing results conducted on the promoted products, provided the testing is carried out in compliance with criteria and methodologies approved by the scientific community.
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 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:

fill in the online “Pre-emption form”, indicating the creative elements for which protection is sought, enclosing evidence of payment of the relevant fees. The form is available on IAP’s website (in Italian: Le idee depositate).

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 12 months against parties subject to compliance with the Code who are deemed to have imitated the advertisement covered by protection in any medium.

4) Before expiration, the protection can be extended for a further period of 12 months starting as of the day following the date of expiration of the first period of protection, according to the procedure provided under point 1)

5) All filings are published as quickly as possible on the IAP website –”Advertisements filed for the protection of future campaigns” (in Italian: Elenco depositi a tutela di future campagne).

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 in breach of the Code, the Board of Directors of the Institute has established that marketing communications found to be in breach should be discontinued within five working days. This is the absolute deadline which shall be 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.

Considering the particular features of the magazines, enforcement of the order to cease and desist shall be as timely as technically possible.

The order to cease and desist pertaining to the product and packaging (including every aspect of the presentation packaging) and the product display unit shall normally be executed within 120 days of the Jury’s decision, on the understanding that the advertiser shall take steps to comply with the order as promptly as possible.  Products and display units placed on the market by the advertiser prior to this deadline may be sold while stocks last.

Should the Jury decide that a message fails to comply with the provisions of art. 42, because it conveys a message already declared to be in contrast with the rules of the Code, the order to cease and desist shall be immediately enforced. However, if the message is on the packaging the order to cease and desist shall be enforced within 30 days; this rule applies whether the message found to be in breach was already present on the packaging and the order to cease and desist was not enforced within 120 days, or whether the message was conveyed by other means and subsequently added to the packaging.

As to the decisions of the Review Board, enforcement must begin from the deadline for filing an objection.

In any case, 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 (e-mail) 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.

Marketing communication distributed over the Internet, regardless of the form, must immediately display its promotional nature through suitable measures, without requiring any additional action from the user. Disclosures of the promotional nature must be maintained even when the content is shared or reposted on other online platforms and interfaces, including social media. In the following articles, the recognisability requirement is considered unequivocally satisfied if the specified measures are adopted.

INFLUENCER MARKETING

1) Endorsements: contractual relationship between a brand and an influencer

1.1. When the accreditation of a product or brand by a celebrity, influencer, blogger or other similar Internet users—whether human or virtual—who, through their actions, might potentially influence the purchasing choices of the public (hereinafter, collectively, “influencers”), constitutes marketing communication as the result of an agreement with the advertiser, for which the influencer receives compensation (such as money, goods, invitations, services or other benefits), the label “pubblicità” or “advertising” must be clearly and visibly included in every piece of content distributed online, in the manner specified below for each content type.  Alternatively, one of the following labels may be used:

• “promosso da … brand” or “promoted by … brand”;
• “sponsorizzato da … brand” or “sponsored by … brand”;
• “adv/ad+ brand”

The labels—dependent on the context—must be easily readable within the content. This must be achieved not only by proper placement but also by using graphic effects like contrasting background colours, appropriate font sizes and—for video disclaimers—superimposition on-screen.

 a) Posts

One of the above labels must be displayed as the first piece of information. If hashtags are used, one of the above labels must be included as one of the first three hashtags.

 b) Audio

If an audio broadcast distributed online constitutes marketing communication, one of the above labels must be included in the content description. Additionally, a verbal statement at the beginning of the broadcast must indicate that the content is promotional.

 c) Video

If a video distributed online constitutes marketing communication, one of the above labels must be included:

• As the first written piece of information in the video description; and
• As a written disclaimer superimposed on the opening scenes.

For live streaming videos, these disclosures must also be repeated during the broadcast.

1.2. Limited-time content

For limited-time content, such as stories, one of the above labels must be clearly superimposed over the visual elements of each piece of promotional content.

1.3. Call to action

For a call to action, the advertiser and/or influencer must encourage users to disclose the promotional nature of content related to a brand/product/service they publish in response to an invitation from these parties (user-generated content — UGC). This must be done by applying the measures mentioned above, as specified for each content type.

1.4. Events

If an influencer attends an event as part of a commissioning agreement with a brand, any content distributed online by the influencer that references a product or brand connected with the event must include one of the labels specified above, as specified for each content type.

 2) Tools

The tools provided by video-sharing platforms or social media are suitable for making the promotional purpose of the content evident, provided they comply with the provisions of these Regulations.

3) Sending products/invitations to events/use of services in the absence of an agreement between influencer and brand

3.1. Occasional sending of products

If there is no commissioning agreement between the influencer and the advertiser, and the advertiser only occasionally sends products for free or at a discount, any online content by the influencer that mentions or features these products must include—instead of the labels mentioned above—a disclaimer such as: “prodotto inviato da … brand,” “product gifted by … brand,” or “product sent by … brand.”

For proper positioning of the disclaimer, the rules set out in Article 1 must be followed.

The advertiser must clearly and unequivocally inform the influencer, at the time the product is sent, of the obligation to include this disclaimer.

In this case, the advertiser is only responsible for informing the influencer about this obligation.

3.2. Invitations to events/use of services

When the relationship between the influencer and the advertiser is not based on a commissioning agreement but is limited to an invitation by the advertiser to attend an event or benefit from a service, any content distributed online by the influencer that references a product or brand in connection with the event or service must include a disclaimer such as: “invitato/a da … brand” / “invited by … brand.”

For proper positioning of the disclaimer, the rules set out in Article 1 must be followed.

The advertiser must clearly and unequivocally inform the influencer, at the time of the invitation, of the obligation to provide this disclosure.

In this case, the advertiser is only responsible for informing the influencer about this obligation.

4) Discount codes, affiliate marketing

When using discount codes or affiliate marketing practices, where the influencer is rewarded with a commission and/or other benefit for delivering a specific result to an advertiser, the influencer must include a clearly visible disclosure in the published content that contains the discount code or affiliate link. This disclosure must indicate the promotional nature of the content, such as: “link affiliato + brand” / “affiliate link + brand,” along with the labels specified in Article 1.

5) Self-promotion

When an influencer promotes works they have authored or performed in, or products or services bearing a brand identical to their name, no disclosure is required, as the promotional nature of the content is clearly and directly attributable to the influencer. In all other cases, a disclosure must be included in the distributed content to make its promotional nature evident, following the rules in Article 1.

 OTHER FORMS OF DIGITAL COMMUNICATION

 6) In-feed units

In-feed units that constitute marketing communication must clearly indicate their promotional nature through the inclusion of labels placed in positions and presented in a manner that ensures their clear visibility. Examples include:

• “Pubblicità/Advertising,” “Promosso da … brand/Promoted by … brand,” “Sponsorizzato da … brand/Sponsored by … brand,” “Contenuto Sponsorizzato/Sponsored content,” “Post Sponsorizzato/Sponsored post,” “Presentato da … brand/Presented by … brand.”

These labels must also be combined with specific graphic effects, such as frames, drop-shadows, text highlighting and/or shading.

7) Paid search units

Paid search units must clearly indicate their marketing nature by being graphically separated from organic search content and by including labels (e.g., “Pubblicità/Advertising”) that explicitly inform users the content is promotional. These labels must be placed near the sponsored search result and be clearly visible.

8) Recommendation widgets

Promotional content distributed in the form of recommendation widgets must clearly indicate its marketing nature by adopting one of the following measures:

–An indication that the box contains sponsored content;

–An indication alongside each individual piece of content specifying the name or logo of the advertiser and stating that the content is sponsored.

If the content is developed by a “technology developer” (the party that created the widget), in addition to including the above indications, the origin of the content must also be specified by mentioning the developer’s name.

9) In App advertising

If the content of an App is wholly or partially of a marketing nature, users must be notified through appropriate measures that the content has been sponsored by the advertiser.

10) Advergame

The promotional nature of an advergame must be clearly indicated using specific labels, such as:

– “Promoted by … brand/Promosso da … brand” or “Sponsored by … brand/Sponsorizzato da … brand.”

These labels must be displayed in the opening or closing frames of the game.

1. Purpose and scope

1.1 This Regulation governs marketing communication for food products and beverages directed to children or to which they might be exposed.

1.2 One of the aims is to ensure that, while performing an extremely useful role in the economy, marketing communication is carried out as a service to the public. Given the influence such marketing communication has on children and their eating habits, the Code of Self-Regulation for marketing communication places great importance on protecting them through specific provisions – Article 11 – and this Regulation.

2.    Definitions

For the purposes of this Regulation, the term “marketing communication”  shall refer to advertising and all other forms of communication to promote the sale of food products and beverages regardless of the modalities used. This not only includes advertising but also, for example, promotions, sponsorships, direct marketing, and online marketing messages.

The term “child” includes any natural person up to the age of 12.

The term “message” refers to any form of public presentation and therefore includes the outer packaging, wrapping, labelling and so on.

3.    Fairness principle

Marketing communication for food products and beverages directed to children, or to which they might be exposed, must be honest, truthful  and correct.

Such communication must avoid any material that could cause psychological, moral or physical harm, and must not exploit their natural credulity, inexperience or sense of loyalty.

4.    Presentation of food products and beverages

Marketing communication for food products and beverages directed to children or to which they might be exposed must avoid statements or representations that could mislead children, including omissions, ambiguity or exaggerations that are not obviously hyperbolic, particularly regarding the nutritional characteristics and effects of the product, prices, free offers, conditions of sale, distribution, the identity of persons depicted, prizes or awards.

Such marketing communication must not suggest that failure to consume the product might mean either their own inferiority or a failure by their parents or educators to fulfil their duties.

It must not belittle the role of parents and other educators in providing good dietary advice.

It must not suggest adopting poor eating habits or neglecting the need for a healthy lifestyle.

Educational messages promoting a healthy and balanced diet, and physical exercise are encouraged.

5.    Audiovisual marketing communication for food products and beverages containing fats, trans-fatty acids, sugars, sodium or salt

Audiovisual marketing communication directed to children, or to which they might be exposed, must not emphasise the positive nutritional qualities of food products or beverages high in fats, trans-fatty acids, sugars, sodium or salt as the excessive intake of these substances is not recommended as part of an overall diet; however, it is possible to highlight those nutritional aspects linked to substances other than those indicated above. Highlighting the presence, absence, reduction or replacement of one or more ingredients or their components within the limits of current regulations is permitted.

6.    Identification

Marketing communication for food products and beverages directed to children, or to which they might be exposed, must be clearly distinguishable as such. When a medium presents information and other content together with marketing communication, appropriate measures must be adopted to ensure the marketing communication is readily distinguishable as such.

When characters, marks or drawings familiar to minors are used, it must be clear it is a marketing communication so that it is not confused with the related editorial content.

7.  Additional provisions

In addition to the preceding provisions and those in article 11 of the Self-Regulation Code, marketing communication for food products and beverages directed to children must comply with the following rules:

7.1 Any performance claims must have adequate scientific grounds and must reflect the claimed characteristics and properties of the product.

7.2 Approvals, references, recommendations or statements of a medical nature that give products health properties must not be used, beyond what is allowed by current regulations.

7.3 Under no circumstances is it acceptable to show situations suggesting excessive or unbalanced consumption that contrasts with correct eating habits.

7.4 Adults must not be shown endorsing incorrect eating habits.

7.5 Correct eating habits must not be ridiculed potentially resulting in such habits not being followed or incorrect eating habits being adopted.

7.6 Visual depictions that might suggest not consuming the product could lead to rejection by friends or exclusion from a peer group or community are forbidden.

7.7 Communications that could suggest an incorrect lifestyle or belittle the importance of an active lifestyle must not be disseminated.

7.8 Messages containing a direct exhortation to children to purchase or consume must not be disseminated.

7.9 Messages containing a direct exhortation to children to suggest to parents, other adults or other children to purchase the promoted product must not be disseminated.

7.10 Scenes must not be shown in which children consume food alone in front of a screen, thus encouraging a particularly inactive lifestyle.