The Consumer Protection Commission No. 3 of the Indecopi imposed a precautionary measure and ordered the cessation and commercialization of the Bimbo marbling products of the Bimbo brand, Panettone with raisins and candied fruits, from the Bell’s brand; and Cheese Tris from the Frito Lay brand, which would contain trans fats in an amount greater than that established by current regulations such as Supreme Decree 033-2016-SA.
The decision taken with a majority vote ordered the suppliers Panificadora Bimbo del Perú Sociedad Anónima, Orindale Properties Perú SAC, Supermercados Peruanos SA and Snacks América Latina SRL, to communicate the observed products to all their distributors and / or marketers, including those who make sales. on-line.
Likewise, the resolution requires that, within seven business days, the four providers publish, through their website and social networks, if they have them, the order contained in the precautionary measure, so that all consumers can know the mandate.
Companies are also ordered to, within a maximum period of thirty business days, counted from the day after the resolution is notified, comply with removing all units of the observed product that have been placed on the market through their different channels. of distribution and / or commercialization.
The companies have a maximum and non-extendable term of five business days, counted from the expiration of all the terms granted, to send the Commission the means of proof that prove compliance with the order.
Indecopi: How did Cheese Tris retire?
The measure is added to the initiation of administrative sanctioning procedures (PAS) against the aforementioned suppliers who would have incurred in possible breaches of article 19 of the Consumer Protection and Defense Code, by marketing the aforementioned products with higher amounts of trans fats, that is, in an amount greater than that established in paragraph 6.3 of article 6 of the Regulation that establishes the gradual reduction process until the elimination of trans fats in industrially processed foods and non-alcoholic beverages, approved by Supreme Decree 033-2016-SA.
In the framework of the investigations carried out, examinations were carried out on 45 products corresponding to 19 companies, of which the first results have determined the initiation of the aforementioned PAS.
According to the provisions of article 6 of DS 033-2016-SA, in the case of products that contain trans fats of technological origin other than partial hydrogenation, the Health Authority will only grant the corresponding authorization to products that do not exceed the limit of trans fat content: 2g of trans fatty acids per 100g or 100ml of fat on an exceptional basis, in order to gradually allow its elimination according to technological advance.
However, in the laboratory tests carried out as part of the investigations, it was verified that the indicated products would present trans fatty acids of technological origin other than partial hydrogenation in an amount greater than 2g per 100g of fat.
| Company | Observed product |
|---|---|
| Panificadora Bimbo del Perú Sociedad Anónima | Keke vanilla and chocolate flavor – Marbled bimboletes of the Bimbo brand in its presentation of 165 g |
| Orindale Properties Perú SAC and Supermercados Peruanos SA | Sponge cake with raisins and candied fruits – Panettone with raisins and candied fruits, from the “Bell’s” brand in its presentation of 850 g |
| Snacks América Latina S.R.L. | Butter cheese flavored corn extrudates – Cheese Tris, from the Frito Lay brand, in its 39 g presentation |
Indecopi: Cheese Tris can still appeal
Indecopi reported that the observed companies are within the legal term to formulate their discharges, as well as to present their appeal against the precautionary measure, before the Specialized Chamber for Consumer Protection of the agency, the last administrative instance of the institution.
This decision is taken under article 123 of the Code, which specifies that the procedures followed before Indecopi are public. To that extent, the technical secretary and the Consumer Protection Commission of Indecopi are empowered to order the dissemination of information related to them, provided that they consider it pertinent in “attention to the interests of the consumers affected and does not constitute a violation of commercial or industrial secrets ”.
In addition, article 19 of the Code establishes that “suppliers are responsible for the suitability and quality of the products and services offered; for the authenticity of the brands and legends that display their products or the sign that supports the service provider, for the lack of conformity between the commercial advertising of the products and services and these, as well as for the content and the useful life of the product indicated on the packaging, where applicable ”.
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