AGCM interrupts the sale of the “Hot Chip Challenge”
In November 2023, the Antitrust Authority opened an investigation against the company DAVE'S S.r.l., distributor in Italy of the product called the "Hot Chip Challenge", which involved consuming an extremely spicy and unpleasant tasting crisp. The Authority argued that the company had engaged in conduct in violation of Articles 20, paragraphs 2 and 3, 21, paragraph 1, letter b), paragraphs 3 and 4, 22, 24 and 25 of the Consumer Code, consisting of:
i) an inducement to a challenge (the 'Hot Chip Challenge'), disseminated through the company's website, involving the consumption of potentially harmful and dangerous products for personal health and safety aimed, predominantly, at a target group of adolescent consumers;
ii) failure to adequately convey information about the risks associated with the consumption of the product distributed
(iii) omission of information relevant to the distribution of a foodstuff that could endanger the health and safety of consumers, especially children and adolescents;
(iv) omission of information relevant to the main characteristics of the product distributed.
Based on ex officio investigations, carried out on the company's website and social networks, the Authority ascertained that the company used the element of challenge and the associated danger as leverage to increase the attractiveness of the product, and the associated sales, thereby convincing consumers (especially minors and adolescents) to disregard the normal rules of caution and vigilance. This was achieved, in particular, through the use of expressions such as 'so spicy as to be unbearable for some', 'face to face with the reaper', 'the hottest crisp in the world', 'your eyes will start to water' and through the challenge 'how long will you be able to resist without running to drink something to put out this fire?', which fueled in the potential buyer, a desire to take up and overcome that challenge, to make him overlook (and not appreciate) the actual health risks of consuming the product on sale.
During the proceedings, the company submitted a proposal for commitments, under Article 27(7) of the Consumer Code and Article 9 of the Regulation on Investigative Proceedings for Consumer Protection, including the cessation of the marketing of the 'Hot Chip Challenge' product, its advertising on the website and social media, and its complete removal from the lists (B2B and B2C).
The AGCM considered that the commitments proposed by DAVE'S, given the circumstances of the case, were suitable to remedy the possible illegality of the commercial practice: therefore, they were made fully binding on the company, with the closure of the proceedings without a finding of infringement. In addition, the publication, by and at the expense of DAVE, of the commitments undertaken within thirty days from the notification of the measure, was imposed on the homepage of the website for a period of sixty days. In the event of non-compliance with the resolution, the Authority may apply the pecuniary administrative sanction of between EUR 10,000 and EUR 10,000,000, and for cases of repetition, the Authority may order the suspension of business activities for a period not exceeding thirty days.
