The So-Called “Ferragni Law” Enters into Force: New Obligations for Products, Advertising and Influencer Marketing Linked to Charitable Initiatives
Law No. 120 of 19 June 2026, containing “Provisions on the Allocation of Proceeds from the Sale of Products”, entered into force on 21 July 2026. The law introduces specific transparency obligations for commercial initiatives in which the sale of a product is linked to the allocation of part of the proceeds to charitable organisations or initiatives.
The law originated from the debate surrounding the “Pandoro Pink Christmas” case, involving a product marketed by Balocco in collaboration with Chiara Ferragni.
Its purpose is to prevent consumers from being induced to purchase a product on the basis of generic or ambiguous claims concerning charitable giving, without being able to understand who will actually receive the funds, for what purpose and to what extent the purchase will contribute to the donation.
Scope of Application
The legislation applies to the promotion, sale or supply to consumers of products whose proceeds are, at least in part, allocated to organisations and entities identified by the law, including entities established or operating abroad that pursue similar purposes.
Potential beneficiaries broadly include organisations engaged in welfare, healthcare, scientific, cultural, humanitarian, religious or socially beneficial activities.
The obligations do not apply solely to the manufacturer of the product. For the purposes of the law, the term “trader” includes both the seller and any person promoting the purchase. The provisions may therefore involve the manufacturer, distributor or seller, trademark owner, campaign organiser, endorser, influencer or content creator, as well as any other person advertising the product.
The law does not apply to activities carried out directly by non-commercial entities, provided that such entities are not directly or indirectly owned or controlled by the manufacturers or traders involved. The fundraising provisions laid down in the Third Sector Code, as well as those governing fundraising activities carried out by entities belonging to religious denominations that have entered into agreements with the Italian State, remain unaffected.
Information to Be Provided
Where part of the proceeds from the sale is allocated to a charitable purpose, consumers must be provided with precise information concerning three essential elements:
the entity receiving part of the proceeds;
the purpose for which the funds will be used;
the percentage of the sale price or the amount donated for each unit of product sold.
It is therefore not sufficient to use generic statements such as “part of the proceeds will be donated to charity”, “by purchasing this product you support research” or “a portion will be donated to a good cause”.
Before making the purchase, consumers must be able to identify the actual financial contribution linked to the sale of each individual product. For example, the communication should state that “EUR 1 will be donated for each product sold” or that “5% of the sale price will be allocated” to the specifically identified beneficiary.
The legislation therefore requires the amount of the donation, or the criteria used to calculate it, to be determined before the commercial initiative is launched.
Where the Information Must Appear
The required information must appear on the product packaging. Alternatively, it may be provided by means of a paper or adhesive label affixed to the packaging or through communication materials displayed at the point of sale.
In all cases, the information must be presented clearly, simply and with adequate graphic prominence. It should therefore not be relegated to marginal text, barely legible notes or webpages that can only be accessed through multiple links.
The same information must also appear in commercial practices and communications, including product advertising. The obligation expressly applies to both traditional advertising and influencer marketing.
It will not be sufficient for the full information to appear only on the manufacturer’s website where the social media campaign, packaging or advertising materials contain references to the charitable purpose without including the required information.
Notification Obligations to the Italian Competition Authority
The law also introduces a system of prior and subsequent notifications to the Italian Competition Authority, the Autorità Garante della Concorrenza e del Mercato (“AGCM”).
At least 15 days before the products are placed on the market, the manufacturer or trader must notify the AGCM of:
the beneficiary;
the purpose of the donation;
the percentage of the sale price or the amount allocated for each unit sold;
the deadline by which the payment will be made.
Within three months of the expiry of the deadline specified for the payment, the manufacturer or trader must also inform the Authority that the payment has actually been made.
The initiative must therefore be planned taking these requirements into account. It would not be advisable to determine the structure or amount of the donation only after the campaign has already been launched.
Influencers’ Responsibilities
One of the most significant aspects of the new legislation is the express inclusion of influencers and, more generally, of those who advertise the product.
Influencers may not simply reproduce a generic charitable claim prepared by the company. Social media content must also clearly and comprehensibly identify the beneficiary, the purpose of the donation and the amount or percentage linked to the sale of each product.
Responsibility cannot therefore be managed exclusively through internal contractual provisions between the brand, the agency and the creator. The information communicated to the public must itself comply with the law.
Sponsorship and influencer marketing agreements should regulate, at a minimum:
the mandatory information to be included in the content;
the format and visibility of the disclosures;
the procedure for the prior approval of posts;
the prohibition on independently modifying or simplifying the claims;
the retention of published content;
liability for unauthorised or non-compliant communications.
These obligations are additional to the existing rules concerning the recognisability of advertising and unfair commercial practices.
Penalties
The AGCM is responsible for monitoring compliance and imposing penalties.
Unless the conduct constitutes a criminal offence or an unfair commercial practice, failure to comply with the information requirements or with the prior or subsequent notification obligations may result in an administrative fine ranging from EUR 5,000 to EUR 50,000.
The amount of the fine is determined by taking into account the product’s list price and the number of units placed on the market.
The AGCM may also order the publication of the penalty decision at the recipient’s expense.
Where the relevant communication also constitutes an unfair commercial practice, the general provisions of the Italian Consumer Code will apply. These provide for potentially much higher penalties, of up to EUR 10 million and, for certain cross-border infringements, up to 4% of annual turnover.
In addition to the financial consequences, there is therefore a significant reputational risk, particularly where the campaign involves charitable initiatives, well-known brands or public figures.
Transitional Provisions
The law does not apply to promotions, sales and supplies of products that were already under way on 21 July 2026.
However, this exemption must be assessed carefully. In particular, it will be necessary to determine whether the initiative genuinely constitutes the continuation of an existing campaign or whether it amounts to a new campaign, a renewal, a new edition of the product or an extension of the initiative to additional channels.
In any event, the general provisions of the Italian Consumer Code concerning misleading advertising, misleading omissions and unfair commercial practices will continue to apply to campaigns that were already under way.