Indecopi, through the Commission for the Control of Unfair Competition (CCD), sanctioned the company Ishop stores of Peru SAC. (Ishop) with a fine of 111 UIT (tax tax units), equivalent to S/ 549,450 for disseminating misleading advertising, ensuring that the equipment iPhone 11 and 11 Pro Max they were waterproof, when in fact it was not true.
The entity points out that according to Resolution No. 054-2023/CCD-INDECOPI dated May 2, 2023, Ishop disseminated misleading advertising, through an audiovisual announcement, in which it conveyed the idea that the aforementioned equipment was resistant to water, up to thirty minutes, at a maximum depth of four meters, in any condition. However, the accused company did not present the evidence that supports the veracity of the announced message.
Likewise, through the aforementioned resolution, the Commission also ordered Ishop to definitively and immediately stop disseminating the infringing ad, as long as it reports that the iPhone 11 Pro and 11 Pro Max cell phones can be resistant to water and can remain for up to half an hour. underwater to a maximum depth of four (4) meters, in any condition.
The decision was made after the complaint filed by two consumer associations: the Institute of Market Ordering Law – Idom and the Nouvelle Defense Association, for committing acts of deception, an assumption established in article 8 of Legislative Decree No. 1044 – Law on Suppression of Unfair Competition.
Resolution No. 054-2023/CCD-INDECOPI is public and can be reviewed HERE
To date, the parties are within the legal term established to file an appeal before the Specialized Chamber for the Defense of Competition, the second and last administrative instance.
Source: Larepublica
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