The Italian Supreme Court upholds the class action ruling of the Court of Appeal of Milan on misleading advertising (Voden)

The Situation: On January 31, 2018, the Italian Supreme Court ruled on the first Italian product-related class action promoted by a consumers' association. The Result: The Court upheld the consumer's class action claim regarding the unlawful advertising of a medical device. Looking Ahead: The decision might cause Italian courts to further enhance the consumers' position in class action procedures while legislative reform is pending, which would broaden and simplify the use of class actions. Following the alarming spread of the swine flu in 2009, Voden Medical Instruments S.p.A. ('Voden') marketed a medical device ('Ego Test Flu') that, according to promotional advertising and an illustration leaflet, enabled patients to diagnose the disease with close to 100 percent accuracy.

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Lamberto Schiona, Christian Fulda, Akyurek Ozan, The Italian Supreme Court upholds the class action ruling of the Court of Appeal of Milan on misleading advertising (Voden), 31 January 2018, e-Competitions January 2018, Art. N° 86554

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