Italy’s AGCM competition watchdog has fined British American Tobacco (BAT) and Amazon a total of 7 million euros ($7.5 million) for misleading advertising concerning heated tobacco products. BAT faces a 6 million euro fine, while Amazon’s penalty is 1 million euros.
The fines were imposed due to insufficient information provided to consumers about the nicotine content and associated health risks of Glo Hyper X2 and Glo Hyper Air products. The regulator criticized street and online advertising, stating that the products were presented as “simple electronic devices” and “design objects,” terming this conduct as seriously misleading and leading consumers to buy products with health risks, particularly for minors.
Amazon strongly disagreed with the decision and plans to appeal. The company argued that their product descriptions already include references to age restrictions and health-related risks, and they have worked closely with AGCM, making the information clearer for customers.
Similarly, BAT’s Italian business announced its intention to appeal, asserting that it has consistently provided adequate information about its products being intended for adult smokers only and has cooperated with authorities to implement necessary changes to marketing practices.
The Italian antitrust regulator initiated the investigation in April 2023, accusing both companies of not clearly stating that the heated tobacco products were for adults only and highlighting that they were marketed as “nicotine-free.”
In a previous Reuters report during the investigation, an Amazon offer for Glo Hyper X2 was found to present the product as a “cigarette alternative” with an accompanying image featuring a “no under-18s” symbol.
The product is now sold with a warning stating, “Not for sale to minors. This product, when used with related tobacco or nicotine sticks, cartridges, or refills, is not risk-free and provides nicotine.”
