Fraud in the Exercise of Commerce: Ruling No. 50753 of 2023 and Its Implications

The ruling No. 50753 of October 25, 2023, issued by the Court of Cassation, has highlighted crucial aspects regarding the marketing of olive oil, clearly establishing that oil labeled as 'extra virgin' cannot contain oils of inferior quality, such as 'lampante' oil. This decision is the result of a case involving the Company Olearia Valpesana S.p.A. and has sparked extensive debate in the food sector.

The Legal Context of the Ruling

The crime of fraud in the exercise of commerce, governed by Article 515 of the Penal Code, is configured when a product is sold with misleading characteristics compared to what it actually contains. The Court emphasized that 'extra virgin' oil must comply with precise European standards, particularly Regulation (EEC) No. 2568/1991, which establishes the analytical requirements for the classification of olive oils.

Marketing as "extra virgin" olive oil of a blend that also contains "lampante" oil - Configurability of the crime - Reasons The crime of fraud in the exercise of commerce is constituted by the marketing as "extra virgin" olive oil of a blend that also contains "lampante" oil, as an oil that does not meet the analytical requirements set by Regulation (EEC) No. 2568/1991 cannot be classified as "extra virgin," especially if it exceeds even the limit value of 20 mg/kg established for peroxides by community legislation.

Implications for Producers and Consumers

The ruling has significant consequences for olive oil producers. They must ensure the purity and quality of the product, avoiding blends that could compromise the value of 'extra virgin' oil. This not only protects consumers but also the entire olive oil market, which risks being harmed by deceptive business practices.

  • Strengthening consumer trust: ensuring that what they purchase meets quality standards.
  • Protection of the reputation of honest producers who comply with regulations.
  • Possible penalties for violating companies, which could face severe legal consequences.

Conclusions

Ruling No. 50753 of 2023 represents a step forward in the fight against fraud in the exercise of commerce, especially in the food sector. It underscores the importance of rigorous regulation and transparency in the market, to the benefit of producers and consumers. It is essential that all stakeholders in the sector understand the importance of complying with regulations and ensuring the quality of their products, to avoid penalties and preserve consumer trust.

Bianucci Law Firm