The Italian Authority Guarantor of Concurrency and the Market ( AGCM) opened an investigation into two companies in Italy market and distribute the bracelets "Power Balance" very popular assumptions strength and balance benefits it brings. In a statement released today, AGCM explains that this file to Italy and Sport Power Balance Town, companies that distribute and sell the bracelet in Italy, opens to see if they have engaged in "improper business practice" because it could mislead the consumer.
"The two enterprises in their commercial communications, attributed to its colorful bracelets silicone and neoprene, which are becoming a cult of summer-positive effects on balance, strength, flexibility and endurance of those who leads, "said the statement from the Italian authorities.
The AGCM also explains that, based on this research, the two companies will submitted within two weeks a dossier "medical-scientific" about the properties and benefits to ensure you have the product, including its "instant electronic systems efficiency, chemical and biological individual."
In that same period must also demonstrate the absence of any contraindications to the health and safety of consumers in these products, which also sell a version of suspension.
The Guarantor of market competition and states that it has opened an investigation based on the article of the Italian Consumer Code defines "wrong" behavior of companies that could mislead consumers about the characteristics or properties of the products sold.
in SPAIN:
The Andalusian has fined the company selling the bracelets "seudomilagrosas" 'Power Balance', which is based in Marbella (Malaga), with a fine of 15,000 euros, as reported Facua- Consumers in Action, which has been criticized, however, that this "just fine" and further enabling the company to continue in the market.
Facua, which has complained that 'Power Balance Spain' boasted in April it sold 300,000 bracelets, which would entail revenue of around EUR 10 million, and believes that "the ridiculousness of the penalty is a further sign of lack of consumer and health authorities in Andalusia and the protection of consumers."
"Far from having a negative effect on the company involved, such resolutions can only harm consumers by causing many companies understand that they can commit fraud with impunity," he continued. It also contends that the money generated within hours the sale of 500 bracelets "are sufficient to pay the penalty." According
Facua, "fraud" of the company "continues", after finding that these bracelets "still now selling all types of institutions, with a label to ensure that the Power Balance holograms are stored frequencies that react positively with the natural energy field of your body to improve balance, strength and flexibility. "
In late April, and denounced Facua 'Power Balance Spain' with the General Secretariat of Public Health and the Department of Consumer Affairs and the Ministry of Health of Andalusia. "As the first agency did not even deign to reply, the second reported to early May Facua giving forwarded the complaint to the Consumer Service of the Provincial Health Delegation of Malaga ", continued this organization.
Now, after requesting information about the case, has told FACUA the Provincial Delegate for Health, María Antigua Escalera, issued October 18, "the decision of the disciplinary proceedings conducted against the entity Spain SL Power Balance with the imposition of a € 15,000 penalty in charge of gross misconduct for misleading advertising. "
"sanctions commensurate DIMENSIONS OF FRAUD"
therefore Facua has announced it will appeal against that decision to the Minister of Health, which asked to "apply a sanction proportional to the dimensions of the fraud. "
Under existing law in terms of consumption, the Andalusian Power could be seized to Balance all merchandise is on sale in their stores and having fined the same amount you win with fraud being committed over another penalty of up to EUR 400,000 if the infringement would have qualified as very serious. This is provided for the Law 13/2003 of December 17, Defence and Protection of Consumers and Users of Andalusia.
MeanwhileThe Law 14/1986 of April 25, General Health states that if the offense is graded as very serious, the company may be fined up to 601,000 euros or five times the value of the goods or services covered by it.
The criteria under this Act may be used to consider as very serious breach are the amount of the benefit, the degree of intentionality and the widespread infringement. The offense is to be made consciously and deliberately, whenever there is serious injury.
The Power Balance website Spain, the company claimed that its articles is achieved "increased balance, strength, flexibility, endurance, focus, coordination and rhythm," recalled Facua.
"In language pseudoscientific quackery, the company argues that the products contain a hologram with a frequency that gives the body back a state of harmony and balance as it did before the chemical pollution, fast foods, lack of exercise and stress " has continued in his warning the consumer organization.
FACUA also argued in his complaints that the company violated 1.907/1996 Royal Decree of 2 August, on advertising and sales promotion products, activities or services intended purpose health.
That provisions prohibiting advertising of products, materials, substances, energy or methods "to suggest or indicate their use or consumption, enhance physical performance, psychological, sexual or sporting purposes," without complying with the conditions and requirements under the Medicines Act. "
