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Judgment of the Council of State: the leaflet is not a promotional message

The Council of State confirmed the sentence of the Lazio Regional Administrative Court and rejected the Antitrust appeal on the report of a doctor to whom an Isf had shown a leaflet on a treatment for osteoarthritis, considering it misleading advertising and forbidding its further dissemination. With sentence no. 5297/2011, the Council of State considered that, in the specific case, it was reasonable to consider that the message in question was not preordained for dissemination to the general public, in order to promote the sale of the product, but rather assumed an informative purpose for targeted, as such outside the scope of the provisions concerning unfair commercial practices.

(Italy today Pag.43 – 10/13/2011)   

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Fedaiisf Federazione delle Associazioni Italiane degli Informatori Scientifici del Farmaco e del Parafarmaco