steps to check that they originate from such consumers». The second: «Submitting or commissioning another legal or natural person to submit false consumer reviews or endorsements, or misrepresenting consumer reviews or social endorsements, in order to promote products»20. As previously mentioned, reviews now play a critical role in consumers’ purchasing decisions. It is therefore unsurprising that the European legislator has prioritized the authenticity of the reviewer’s experience, ensuring that reviews genuinely originate from individuals who have actually used the product or service in question. The credibility of a review is intrinsically linked to its origin: it must reflect the opinion of someone who has effectively experienced the good or service being promoted. These new hypotheses of unfair commercial practices must also be read in conjunction with the amendment to Article 7 of Directive 2005/29/EC: the article now classifies as material any «information about whether and how the trader ensures that the published reviews originate from consumers who have actually used or purchased the product». A trader’s failure to disclose such information may thus amount to a misleading omission under UCP l21. These provisions are likely to have a substantial impact on how businesses organize their commercial practices. However, implementing effective procedures to verify the authenticity of consumer reviews presents significant challenges for economic operators. Ensuring compliance may require the introduction of more robust review verification mechanisms: for example, by requiring customers to enter a unique code provided at the time of receiving the good or service before posting a review22. Even the brief analysis above makes it clear that fake reviews constitute an unlawful commercial practice under current European regulations. Despite the widespread nature and serious implications of fake reviews, the number of legal proceedings specifically targeting this practice remains relatively 20 Among the misleading commercial practices that are considered unfair in any event, Article 23 of the Italian Consumer Code now include the act of «sending, or instructing another legal or natural person to send, false consumer reviews or false appreciations or providing false information about consumer reviews or appreciations on social media in order to promote products». (letter bb-quarter). Article 23 of the Italian Consumer Code now includes, among the misleading commercial practices that are considered unfair in any case, the act of “sending or instructing another legal or natural person to send false consumer reviews or ratings or providing false information about consumer reviews or ratings on social media in order to promote products”. 21 This is now the tenor of the new paragraph 5-bis of Article 22 of the Italian Consumer Code. 22 L. Balestra, Le pratiche commerciali scorrette alla luce della direttiva omnibus, in Rivista trimestr. dir. e proc. civile, 2025, p. 56 ss.
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