HEALTH MINISTRY THREATENS TOOTHPASTE SEIZURES OVER

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 NNNN 2003ROME04641 - Classification: UNCLASSIFIED