The National Council of Consumer Associations of Peru (Conacup) reported on Tuesday that the Special Chamber for the Defense of Competition (SDC) Indecopi sanctioned in second instance to Milk of glory and Nestlé Peru for misleading advertising.
Conacup detailed that the products involved in the investigation and punishment were Pure Life, by Glory Milk, and Queen of the field, of Nestlé. These penalties, in addition, are added to those previously granted by Indecopi's Consumer Protection Chamber as a result of disinformation on the labeling of such products.
#Last minute O @ IndecopiOficial sanctioned Gloria and Nestlé with S / .2,940,000 and S / .1,300,538 soles, respectively, for misleading advertising of its PURA VIDA and Reina del Campo products. The complaints were presented by associations of consumers members of CONACUP
– CONACUP (@CONACUP) February 5, 2019
By means of a declaration, the Indecopi reported that the total fine for both companies is S / 4,262,538 (ITU-T 1,014.89) for advertising through various media (packaging, television and web page) three dairy products as if they were cow's milk, although this was not true.. Thus, SDC confirmed at the second instance that Milk Gloria and Nestlé undertook to acts of deception.
The sanctions against Milk Glory totaled S / 2 & # 39; 982,000 for two cases; while Nestlé was fined S / 1 & # 39; 280,538.
In case of Milk of glory, advertising of the products was evaluatedPura Vida Nutrimax(With a fine of S / 2,940,000) and & # 39;Gloria Bonlé Evaporated Milk& # 39; (With fine of S / 42,000); while in the case of Nestlé, the penalty imposed was for advertising on product packaging & # 39;Queen of the field(With a fine of S / 1 & # 39; 280,538).
In these announcements, there was the presence of advertising elements that conveyed the message that the products in question would be cow's milk: the image of a cow in the field, the presence of glasses or jars with white liquids, the mention of the term " milk ", among others.
To verify the accuracy of the advertising messages, Indecopi resorted to Codex Alimentarius, an objective and normatively recognized parameter. On this basis it was determined that the advertised products could not be presented publicly as if they were milk because they contained non-dairy ingredients which replaced all or part of some of their milk components, thereby incurring acts of deception.
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In addition, both companies were ordered, as a corrective measure, the definitive and immediate cessation of advertising advertising that would give consumers the understanding that the products mentioned above would be cow's milk, to the extent that this is not true.
As recalled, in November 2018, the said chamber confirmed, in the last administrative instance, the sanction Milk of glory and Nestlé defects in the information provided to consumers.
"The Consumer Protection Chamber sanctioned the companies investigated to the extent that they consigned the term"milk"In the labeling of the said products, when in accordance with 4.6.3 and 4.6.4 of Codex Standard Stan 206-1999, General Standard for the use of dairy terms, the use of said term was prohibited for this type of products, "explained Indecopi.
However, as the companies had previously been sanctioned by the same act, the Indecopi decided to reduce the amount to be paid to a total of 2 306.98 ITU, equivalent to S / 9 & # 39; 573,967 for failing to comply with the correct labeling.