The Consumer Protection Commission No. 3 of the Indecopi sanctioned the company Nestle Peru with a total fine of S/ 80,960 (17.6 UIT), for not informing consumers or the National Consumer Protection Authority, within the term established by law, that the “Chocotón” products (500 g box); and “Panetoncito” (box of 90 g.) of the D’Onofrio brand, contained mold.
These omissions represent an infringement of article 28 of the Consumer Protection and Defense Code. In this sense, for not informing consumers about said risks, the Commission applied a fine of S/ 34,040 (7.4 UIT), while, for not informing the authority, another economic sanction of S/ 49,920 (10.2 UIT) was imposed. ).
According to the Code, if the existence of previously unforeseen (or unpredictable) risks in products or services on the market is detected, the supplier is obliged to adopt reasonable measures to eliminate or reduce the danger in the immediate term; among them, notify consumers and competent authorities within the period established by the standard.
The imposition of the fine occurs within the framework of an administrative sanctioning procedure initiated against the company Nestlé Peru. Likewise, said company is within the legal term to file an appeal before the Specialized Chamber for Consumer Protection of Indecopi, the second and last administrative instance of the institution.
On December 14, 2020, the General Environmental and Food Safety Directorate of the Ministry of Health (Digesa) called on the population not to acquire or consume the products called Panetoncito (from lot 2480107) and Chocotón (from lots 2690107 and 2680107), of the Nestlé company, in order to avoid problems in the health of consumers.
By virtue of this, the Technical Secretariat of the Consumer Protection Commission No. 3 initiated supervisory actions in order to verify compliance with the provisions contained in the Consumer Protection and Defense Code.