US embassy cable - 03ROME4641

UNCLAS ROME 004641 
 
SIPDIS 
 
 
SENSITIVE 
 
PASS USTR FOR JIM SANFORD; 
USEU FOR STEVE CRISTINA, CHRIS WILSON 
 
E.O. 12958: N/A 
TAGS: ETRD, BEXP, ECON, IT, EUN 
SUBJECT: HEALTH MINISTRY THREATENS TOOTHPASTE SEIZURES OVER 
    CLAIMS TO PREVENT CAVITIES 
 
REF: A. SANFORD/MILLIKEN 10/8 TELCON 
 
(U) THIS CABLE IS SENSITIVE BUT UNCLASSIFIED.  INCLUDES 
BUSINESS CONFIDENTIAL INFORMATION.  NOT FOR INTERNET 
DISTRIBUTION. 
 
1. (SBU) SUMMARY: ITALY'S HEALTH MINISTRY IS THREATENING TO 
SEIZE COLGATE PALMOLIVE AND OTHER TOOTHPASTE BRANDS THAT 
CLAIM TO PREVENT CAVITIES. THIS ACTION IS APPARENTLY BASED ON 
THE MINISTRY'S INTERPRETATION OF THE EU COSMETICS DIRECTIVE. 
THE ARGUMENT IS THAT, BY CLAIMING TO PREVENT CAVITIES, THESE 
PRODUCTS ARE MAKING MEDICINAL CLAIMS NOT PERMITTED TO 
COSMETIC PRODUCTS (AS TOOTHPASTE IS NOW CLASSIFIED).  THE 
MILAN PUBLIC PROSECUTOR'S OFFICE IS CONDUCTING CRIMINAL 
INVESTIGATIONS OF THE FIRMS.  WE HAVE REQUESTED TO MEET WITH 
HEALTH MINISTRY OFFICIALS AND WILL BE IN CLOSE CONTACT WITH 
INDUSTRY.  END SUMMARY. 
 
2. (SBU) COLGATE PALMOLIVE ITALY PRESIDENT DANIEL VETTORETTI 
AND LEGAL COUNSEL ENRICO DE TOMA INFORMED EMBOFFS OCTOBER 7 
THAT THE ITALIAN MINISTRY OF HEALTH IS THREATENING TO SEIZE 
COLGATE TOOTHPASTE IN ITALY WITHIN THE NEXT FEW DAYS.  THE 
HEALTH MINISTRY LETTER TO COLGATE STATES THAT THE TOOTHPASTE 
IS "PRESENTED AS A MEDICINAL PREPARATION AS IT CLAIMS 
CURATIVE OR PROPHYLACTIC PROPERTIES AGAINST HUMAN DISEASE". 
THE LETTER REFERENCES THE MILAN PROSECUTOR'S OFFICE AS 
WORKING ON A CRIMINAL CASE AGAINST COLGATE PALMOLIVE FOR THE 
SAME REASONS. 
 
    3. (SBU) DE TOMA (ALSO EXECUTIVE DIRECTOR OF UNIPRO, THE 
ASSOCIATION OF ITALIAN COSMETIC MANUFACTURERS) TOLD SCIENCE 
COUNSELOR OCTOBER 8 THAT COLGATE PALMOLIVE IS NOT ALONE. 
OTHER FIRMS, INCLUDING JOHNSON AND JOHNSON, PROCTER AND 
GAMBLE, UNILEVER, GLAXO SMITH KLINE AND AT LEAST TWO ITALIAN 
FIRMS HAVE ALL RECEIVED VIRTUALLY THE SAME LETTER.  UNIPRO 
WILL MEET OCTOBER 13 IN MILAN TO DISCUSS HOW TO RESPOND TO 
THIS THREAT.  ONE OPTION WOULD BE TO REQUEST AN INJUNCTION 
FROM THE TAR (ADMINISTRATIVE COURT).  HOWEVER, GIVEN THE 
CRIMINAL INVESTIGATION, DE TOMA SAID THAT AN INJUNCTION 
REQUEST MIGHT HAVE LESS THAN A 50/50 CHANCE OF SUCCESS. 
 
4. (SBU) WE HAVE REQUESTED TO MEET -- ON AN URGENT BASIS -- 
WITH SENIOR HEALTH MINISTRY OFFICIALS REGARDING THE CASE.  WE 
REMAIN IN CLOSE TOUCH WITH INDUSTRY, AND WILL COORDINATE ON 
NEXT STEPS. 
SEMBLER 
 
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	2003ROME04641 - Classification: UNCLASSIFIED