Indecopi ordered, a few days before Christmas, the recall of millions of panettones with affordable prices for the majority, which meant a significant reduction in this type of offer for millions of families. Tottus and Plaza Vea panettones are bought by families with fewer resources. How abusive!
On December 10, the Consumer Protection Commission issued a precautionary measure that withdrew from circulation at the national level four million Tottus panettones in their 900-gram presentation, whose price is S / 10 per unit, an attractive amount for many of families But it was not the only product affected.
The entity also ordered the withdrawal of the panettone with raisins and candied fruits of the Bell’s brand, from Plaza Vea, which belongs to Peruvian Supermarkets.
Indecopi’s argument was held that both panettones have more trans fat than allowed by the standard. Article 6 of this says that only the Health Authority will grant authorization to products that do not exceed the limit of trans fat content, which is 2 grams per 100 of panettone. How did Indecopi determine this violation? It is not at all clear.
According to the entity, the results showed the presence of trans fatty acids in an amount greater than 2 grams per 100. However, both Tottus as Peruvian Supermarkets affirm with documents that their products meet the requirements; therefore they appealed.
It’s a statement, Tottus indicated that he resorted to an analysis of the Pacific Control SAC laboratory ‚Which is certified by the National Institute of Quality. This determined that the levels of trans fats were less than 0.01 grams per 100 grams, parameters that are within what is required.
Legal response
“We have submitted an immediate and urgent request for the precautionary measure to be lifted or modified because the only test that Indecopi performs is based on a single sample from a batch, which, by December 11, was already expired (and the company had been notified a day before). That is, today there is no current proof that our products have trans fats. On the contrary, we have presented a recent test that confirms that it does not have trans fats ”, said the legal representative of Tottus Piero Stucchi.
Another detail that leaves doubts is the delay of the regulatory body to make the notifications.
“On October 7 of this year Indecopi supposedly received the test indicating that a batch exceeds the norm for trans fats. More than two months have passed, why was it only on December 10 that they notified us that the commercialization of panettone had to be suspended? More than two months is a long time, ”adds Tottus’s attorney.
For its part, Peruvian supermarkets explained to Peru21 that has 17 product analyzes in three independent laboratories Accredited by Inacal.
“Supermercados Peruanos SA has filed an appeal and we hope that the Indecopi Chamber will resolve tomorrow (today) December 22 in the same sense (as in the case of Tottus) and allow the sale of Bell’s panettone, having presented more than a dozen of technical tests from various independent laboratories indicate that Bell’s panettone fully complies with the trans fat regulations ”, the company commented to this medium.
Sector concern
The National Society of Industries (SNI) has also been concerned, describing the measure as disproportionate. Alex Daly, president of the Food Committee of the SNI, told Peru21 that they do not question the function of Indecopi to control free competition and consumer protection.
“What has happened here is that when initiating a procedure to investigate whether certain products exceed trans fats, (the procedure) has been done based on a laboratory test, and considering a single precautionary measure. We found it to be a hasty, disproportionate, and technically questionable measure.”, He asserts.
The SNI has not stood idly by and has requested a meeting with the president of Indecopi, Julián Palacín. “The panettone is a seasonal Christmas and New Year product, that is why this decision (by Indecopi) causes economic damage to the companies involved, but also reputational damage”, Explain.
So far Indecopi has analyzed 45 products on the market and four of them have been withdrawn from circulation, but it has already had to back down in the case of Tottus.
Yesterday, Tuesday 21, it was known through a statement that Indecopi lifted the measure because it was wrong, although it did not publicly acknowledge its mistake.
The entity ordered the Tottus panettones to return for sale after 12 days out of circulation, during which millions of low-income Peruvian families saw their ability to choose panettones at an affordable price reduced.
Now it remains to be seen if Indecopi will also rectify its Bell’s products. However, the damage has already been done. And consumers were the ones who lost. Who is responsible?
Keep in mind
-Most Peruvians buy panettones in warehouses and supermarkets. According to the consulting firm Kantar, supermarkets are the second sales channel with a 32% share, being slightly surpassed by wineries with 32.1%.
-80% of annual sales are concentrated in the last 4 months of the year. Panettone is one of the best-selling products at Christmas.
-A significant part of the consumption of panettone comes from the socioeconomic level C.
-According to Kantar, this sector consumes 40% of the panettones in Peru.
