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Lawsuits against companies that sell Cheese Tris, marbled bimboletes and Bell’s panettone

Lawsuits against companies that sell Cheese Tris, marbled bimboletes and Bell’s panettone

It is not the first time that corporations like the Group Bimbo, Peruvian Supermarkets and Latin America Snacks will no longer be able to sell some of their products. This last episode takes place after Indecopi imposed a precautionary measure for the health of the buyer. The Consumer Protection Commission No. 3 ordered the cessation of the commercialization of the Marbled bimboletes, Bell’s brand panettones and Frito Lay’s Cheese Tris product.

The aforementioned would contain trans fats in an amount greater than that established by current regulations, Supreme Decree 033-2016-SA. It should be said that, in the case of Bimbo, it is not the first time that he has faced a preliminary injunction.

Arranged measures

With a majority vote, the suppliers Panificadora Bimbo del Perú Sociedad Anónima, Orindale Properties Perú SAC, Supermercados Peruanos SA and Snacks América Latina SRL were ordered to communicate the observed products to all their distributors and / or marketers, including those who make online sales. .

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

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.

Challenge of the Minsa in the Bimbo case

In October 2021, the Ministry of Health filed a legal appeal against the resolution of the Specialized Chamber for the Defense of Competition of Indecopi that freed Bimbo from a fine for failing to consign the warning about its content of trans fats in white bread without edge.

The Minsa then specified that the Healthy Eating Law provides that, in the advertising of the product, of foods and non-alcoholic beverages with trans fats and high content of sugar, sodium and saturated fats, it must be consigned in a clear, legible, prominent way and understandably, the advertising warnings (octagons).

“The purpose of the Peruvian legislation on trans fats is to avoid their consumption and gradually eliminate them in all processed products, the arguments of the court contravene this objective and unprotect consumers,” explained the state entity.

Complaint founded against Supermercados Peruanos Sociedad Anónima

In 2014, the Indecopi de Lambayeque Regional Office Commission approved the complaint filed by Mrs. Maricela Díaz Díaz against the aforementioned corporation. An infringement of article 19 of the Consumer Protection and Defense Code was alleged, insofar as it was verified that, in the face of an alleged theft of props, the industry “It did not use its security mechanisms adequately, since it proceeded with the intervention of the youngest son of the complainant in an unjustified manner”.

In 2018, Peruvian Supermarkets would have collected and transferred personal data of its clients outside of Peruvian territory, omitting security measures. Therefore, the National Authority for the Protection of Personal Data of the Ministry of Justice and Human Rights, sanctioned the corporation with fines equivalent to 8.5 UIT (S / 33 575 soles).

Infringement of the principle of veracity of Snacks América Latina

In 2005, the Peruvian Association of Consumers and Users denounced the aforementioned company for the infringement of the principle of truthfulness. In addition to a fine of 15 UIT (then the collection amounts were different), the immediate and definitive cessation of the packaging of the “Cheetos” product was ordered. It was specified that the packaging should not have the following statements: “New. With real cheese! ”; “Full cheese”; and, “Corn sticks with real cheese.” The same thing happened with Doritos: It was requested to specify that it did not have the dairy derivative as an input.

Countries of distribution of the mentioned corporations

On its web portal, Grupo Bimbo, In addition to having its number of collaborators (+135,000), it specifies that it imports its products to 33 countries around the world. On four continents: America, Europe, Africa and Asia. Meanwhile, its Bimbo products (the corporation sells other brands in addition to that), precisely the marbled bimboletes, will have to be withdrawn from 17 nations:

  • Argentina
  • Chile (IDEAL brand has the same logo as Bimbo)
  • China
  • Colombia
  • Costa Rica
  • Ecuador
  • The Savior
  • Guatemala
  • Honduras
  • Mexico
  • Panama
  • Paraguay
  • Peru
  • Portugal
  • Spain
  • Uruguay
  • Venezuela

Meanwhile, the foreign trade of Peruvian Supermarkets Sociedad Anónima imports its products, mainly, to China (87%), Brazil (27%), Thailand (6%). For its part, Snacks América Latina SRL sells, for the most part, to countries such as Chile (37%), Mexico (18%) and the United States (12%). As in the Bimbo case, the corporations will have to readjust the distribution of the products indicated by Indecopi. Except in the case of Frito Lay, which can still appeal.

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