In judgment no. 5459 of March 17, 2025, the Lazio Regional Administrative Court (TAR Lazio) upheld the appeal filed by the concessionary company responsible for the sale of the over-the-counter drug Voltaren Emulgel 2% in Italy, against the decision by the Ministry prohibiting the use of the advertising claim "more advantageous" in reference to the 180g format. The Ministry had considered the claim to be a purely commercial aspect, which cannot be authorized for a medicinal product.

The Administrative Court found this prohibition to be illogical and disproportionate, lacking evidentiary support. It emphasized that the characterization of a format as "more advantageous," while indicating an economic benefit, does not alter the therapeutic perception of the product nor lead to irrational use. Indeed, Legislative Decree no. 219/2006 (Pharmaceutical Code) mandates that advertising must ensure the rational use of medicines but does not prohibit highlighting economic aspects that do not distort the objective presentation of the product’s characteristics.

 Additionally, TAR Lazio observed that the phrase "more advantageous" does not mislead consumers or lead them to view the drug as a food or cosmetic product. Consequently, the Ministry’s decision was deemed disproportionate and unfounded, depriving the public of the opportunity to make a more informed choice, including from an economic perspective.