Several decisions of the Italian consumer protection Authority (AGCM) addressed the on-line commercialization of some COVID-19 medicines in the light of consumer law, and more precisely of unfair commercial practices legislation.

On 17 March 2020 (dec. n. 28173) the Authority, as a precautionary measure, inhibited access to the website https://farmacocoronavirus.it, through which the medicine called “Kaletra” was sold. On this website the medicine was presented as “the only drug against coronavirus”, and through other similar statements. Pre-contractual information was lacking, and the website was presented as an online authorised pharmacy, which was not true. The Authority found this selling method an unfair commercial practices (art. 27 d.lgs 206/2005, implementing dir. 2005/29/CE). The precautionary measure was later confirmed by the Authority with the decision of 16 April 2020, n. 28226.

The Authority adopted similar decisions in other cases concerning the sale of same drug through other websites (AGCM, n. 28207, 27 March 2020, confirmed by AGCM dec. n. 28221 of 22 April 2020; n. 28206, 27 March 2020, confirmed by AGCM dec. n. 28232, 22 April 2020).


Author
Chiara Angiolini — University of Trento