Fraud in the Exercise of Trade: Ruling No. 50753 of 2023 and its Implications

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

The Legal Context of the Ruling

The crime of fraud in the exercise of trade, governed by Article 515 of the Italian Penal Code, occurs when a product is sold with deceptive characteristics compared to its actual content. The Court emphasized that 'extra virgin' oil must comply with specific European regulations, particularly Regulation (EEC) No. 2568/1991, which sets out the analytical requirements for the classification of olive oils.

Marketing a blend containing 'lampante' oil as 'extra virgin' olive oil - Configurability of the crime - Reasons The crime of fraud in the exercise of trade is constituted by the marketing of a blend containing 'lampante' oil as 'extra virgin' olive oil, as an oil that does not meet the analytical requirements provided for by Regulation (EEC) No. 2568/1991, and specifically, where the limit value of 20 mg/kg for peroxides set by Community legislation is exceeded, cannot be classified as 'extra virgin'.

Implications for Producers and Consumers

The ruling has significant consequences for olive oil producers. They must guarantee 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 damaged by deceptive commercial practices.

• Strengthening consumer trust: ensuring that what they purchase conforms to quality standards.
• Protecting the reputation of honest producers who comply with regulations.
• Potential sanctions for infringing 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 trade, especially in the food sector. It underscores the importance of strict regulation and transparency in the market, benefiting both 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 sanctions and preserve consumer confidence.