I don't even think they were trying to side step the law intentionally.
They just didn't know or thought their way of explaining/applying it was sufficient and their Italian subsidiary people in charge weren't smart enough to pick up this discrepancy, especially if they have Americans working there.
The devil is in the details
This is the second fine for the same offence. If they were not trying to be silly buggers they would have clarified their advertising copy.
So either Apple are (a) Incompetent or (b) WERE trying to sidestep the law.