Delosi SAparent company of KFCwas fined 24.13 UIT (S/119,443.5) for requesting an additional payment of S/0.30 per bag for purchases made by delivery or pick up in store.
The Specialized Consumer Protection Chamber of Indecopi ordered, in the second and final instance, that KFC stop charging the additional S/0.30 for the compostable bags in which it delivered consumers’ purchases in either of the two delivery methods. mentioned before.
Representatives of KFC argued that with this amount they were complying with the provisions of the Technical Guide for Restaurants and Related Services with Home Service Modality, by delivering their products in containers (cardboard boxes) and packaging (biodegradable bags).
However, the Indecopi Specialized Consumer Protection Chamber determined that, in accordance with the health standard, the shipment of these containers and packaging was an obligation of the company.
“The purchase of KFC products was conditional on the sale of a compostable bag, which implied a detriment, even if minimal, to the users’ economy, evidencing a concrete impact on consumers,” says resolution 2883. 2023/SPC-INDECOPI.
The Court also clarified that compostable bags, having a nature similar to that of biodegradable bags and being of a different composition than a plastic bag, were not subject to the Consumption Tax on Plastic Bags (ICBP)14 , so “the payment of S/0.30 for this concept could not be transferred to consumers either.”
Source: Larepublica
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