Indecopi sanctions a supplier for misleading advertising by stating that the gel eliminated 99.9% of germs

The Commission for the Control of Unfair Competition (CCD) of Indecopi has fined the company Yomar S.A.C. for misleading advertising about the Orion brand disinfectant gel. In accordance with Resolution No. 069-2023/CCD-INDECOPI, of May 30, 2023, advertising was reportedly disseminated on the product’s packaging with the statement that it “Kills 99.9% of germs.” In this way, it implied to consumers that it would be almost 100% effective against all germs or bacteria, when the information was not validated.

In addition to misleading advertising, the company was also penalized for marketing the sanitizing gel without having the Single Registry of Users and Transporters of Ethyl Alcohol, which is a requirement established by law to guarantee the safety and suitability of the product for human consumption. .

Consequently, the misleading claim about the gel’s effectiveness has been ordered to cease immediately and the marketing of the product to be suspended until the company obtains the corresponding registration.

It is important to note that the company has the option of filing an appeal before the Special Chamber for the Defense of Competition, which is the second and last administrative instance in the process.

The disclosure of this information is made in accordance with the provisions of Article 39 of Legislative Decree No. 1044, which is the Law for the Repression of Unfair Competition, and has been modified by Legislative Decree No. 1391, which simplifies the procedures. of Indecopi and establishes the powers, regulations and functions of said institution.