The extremely serious nature of the advertising attack by Plasmon-Heinz led Barilla, immediately after the release of Piccolini and Macine’s comparative advertising, to apply to the competent judicial authority to ban its continuation. The Court of Milan issued such a prohibitory injunction on 6 December 2011 without having heard the other party, considering that such an advertisement:
- carries out comparative advertising that does not comply with the legal limits;
- brings discredit upon the image of Barilla;
- is defamatory towards Barilla.
Plasmon-Heinz has been given the deadline of 22 December 2011 to file its defence, and the precautionary procedure shall continue with the hearing set on 28 December.