Article 9 of the Italian Consumer Code now requires all information on product labels, including non-mandatory information, to be translated into Italian. This means that products imported and sold in Italy must have labels with instructions, warnings, and ingredients written in Italian.
The information is required to be clear, accurate, and easily understandable for Italian consumers. This regulation applies to all types of products, including food, cosmetics, electronics, and household goods.
Failure to comply with this regulation can result in fines and potential legal consequences.
Consumer Protection and the Role of Language
The requirement for product labels to be translated in Italy is part of a larger effort to protect consumers and ensure their rights are respected. Language plays a crucial role in this process, as it allows consumers to make informed decisions about the products they purchase.
By translating product labels into Italian, consumers can fully understand the information provided and make safer choices for themselves and their families. This also promotes transparency between companies and consumers, building trust in the marketplace.
Moreover, language translation helps bridge cultural gaps between different countries and regions. It allows for better communication and understanding between international businesses and local communities. This not only benefits consumers but also contributes to the growth and development of the global economy.
Introduction to the Law – Legislative Decree No. 206/2005
Legislative Decree No. 206/2005, also known as the Consumer Code, is a fundamental piece of legislation in Italy that outlines the rights of consumers and the obligations of businesses. This decree consolidates various consumer protection laws into one comprehensive document meant to help consumers and companies understand and comply with the regulations.
Article 9 of this decree specifically addresses the translation of product labels, stating that all products sold in Italy must have clear and comprehensible information for consumers in Italian. This includes not only written information but also any images or symbols used on the label.
The provision must go hand in hand with Article 6, which specifies the essential and required details that must be included on labels of consumer products sold within the country (e.g., materials used and production methods when they are relevant to the product’s quality or characteristics).
The Italian Consumer Code’s Language Requirements
- Information intended for consumers and users must, at the very least, be provided in Italian.
- If information is presented in multiple languages, it must also appear in Italian and be displayed with characters that are equally visible and legible as those in other languages.
- Common expressions in languages other than Italian are allowed.
The relevant implementing provisions also determine when it is acceptable to display certain information required by Article 6 in its original language.
When assessing the fairness of terms, the evaluation shall not concern the core subject matter of the contract or the adequacy of the price for goods or services, as long as these terms are in clear and understandable language.
For contracts where all or some terms are provided to the consumer in writing, those terms must always be written in plain, intelligible language.
Court of Como Clarifies Translation Requirements Under Italian Consumer Code for Product Labels (29 May 2024)
Background:
- An electronic product distributor in Italy contested a confiscation order issued due to some untranslated product label information.
Distributor’s Argument:
- The untranslated details were intended to promote the products’ features, not required as per Article 6 of the Italian Consumer Code.
- Enforcing a blanket requirement to translate all product information into Italian would breach the EU’s free movement of goods principle.
- Consumer interests are already protected by ensuring mandatory information is in Italian, as specified by Article 6.
- Cited a 1999 CJEU ruling permitting national language requirements if they are applied equally and are proportionate to consumer protection objectives.
Authority’s Perspective:
- Supported a broader interpretation of Article 9, mandating the translation of all product information, irrespective of its necessity to consumers.
Court’s Ruling:
- Supported the distributor’s appeal and annulled the confiscation order.
- Determined that failing to translate additional information did not cause tangible harm to consumers.
- Asserted that the translation requirement should be confined to essential information, consistent with EU principles of free movement.
- Emphasized alignment with the “principle of offensiveness” in Italian law, necessitating that sanctions be based on actual harm to protected legal interests.
Significance of the Ruling:
- The ruling is the first Italian judgment on this matter. It potentially guides future interpretations that affect companies that sell consumer products in Italy.
Final Words
Language and consumer rights are important considerations in the EU marketplace. While mandatory translations may provide better access to information for consumers, blanket requirements that ignore practicality and proportionality can impede trade and commerce. It is ultimately up to both authorities and companies to find a balance between protecting consumer interests and maintaining a fair market for businesses.
Here at Ulatus, we understand the complexities and challenges of navigating language requirements in different markets. Our professional translation services can help your company comply with regulations while ensuring clear communication with their customers. Contact us today to learn more about our expertise and how we can support your global business needs. End
