With decision no. 89 of November 14, 2013 the Advertising and Marketing Communication Self-Regulation Authority (the “Jury”) ruled again on a misleading advertising dispute between Henkel and Procter & Gamble, respectively producers of detergents named Dixan and Dash.

The dispute started after that Procter & Gamble launched an advertising campaign where it was stated that "a cup of Dash removes stains as much as a cup and a half of the product of the main competitor " (see picture hereunder).

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The Italian Competition Authority ("ICA"), with decision no. 24522 of September 18, 2013, upheld Henkel’s request and ruled that the diffusion of the Dash advertisement amounts to an unfair commercial practice. ICA consequently banned the advertisement and condemned Procter & Gamble to a € 100,000 fine.

Afterwards, Henkel launched a new advertising campaign aimed to inform the public of ICA’s decision against Procter & Gamble’s unfair advertising (see picture hereunder).

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The Jury, upon request of Procter & Gamble, ruled that Henkel’s advertisement breached Articles 1 (fairness in marketing communication) and 14 (denigration) of the Code of Marketing Communication Self-Regulation.

The Jury stated that, if on the one hand Henkel had the full right to communicate to the public the content of ICA’s decision, on the other hand it adopted unfair means to communicate such message. In particular, the Jury censured the excessive emphasis given to the message and the graphic significance given to the claims "Pubblicità Ingannevole” (“Deceptive Advertising”) and “Non è Vero!” (i.e. “It is Not True!”).