The Court of Competition and Intellectual Property ordered Nestlé Peru SA to recall 28 of its pet food products (dogs and cats) because the name labeling did not reflect its true nature because it contained other types of ingredients. Not declared.
In this way, the Court affirmed the decision of the National Agency for the Protection of Competition and Intellectual Property (Indecopi) Consumer Protection Commission Lima South Headquarters No. 2.
As stated therein Resolution no. 2498-2023/SPC-IndecopiIssued by the Special Consumer Protection Chamber of Integopi Court, regarding the following products:
– Felix Classic with Tuna Senesa Record: A.01.17.I.4351
– Felix Classic with Lamb Sensa Registration: A.01.17.I.4332
– FELIX CLASSIC PESCAD BLANCO Senasa Registration: A.01.17.I.4333
– Felix Classic with Salmon Senasa Record: A.01.17.I.4331
– Felix classic with sardine senesa Record: A.01.17.I.4345
– FELIX CLASSIC KITTENS WITH FISH Senasa Registration: A.01.17.I.4328
– Felix Fish and Tuna Pot Senasa Registration: A.29.17.I.0040
– Felix Chicken Chicken in Sauce Chenesa Record: A.29.17.I.0047
– Felix fish and tuna fillets in sauce Senesa Record: A.01.17.I.3378
– DOG CHOW SALMON Senasa Registration: A.01.15.I.4258
– DOG CHOW POLLO Registro Senasa: A.01.15.I.4261
– Dog Cattle Adult Poultry Senasa Registration: A.01.15.I.4268
– DOG CHOW CCHORROS BOLO SENSA Registration: A.01.15.I.4292
– Purina Dog Chow Cordero Registro Senasa: A.01.15.I.2769
– Adult Senasa with Purina Dog Cattle Chicken Registration: A.01.15.I.4253
– Dog Chow Turkey and Chicken Senasa Registration: A.29.15.I.0090
– FANCY FEAST CASSEROLE POLLO Senasa Registration: A.01.17.I.3179
– Fancy Feast Small Salmon Fillets Senasa Registration: A.01.17.I.3184
– FANCY FEAST FISH AND SHRIMP MUSSE Senasa Registration: A.01.17.I.3180
– Fancy Feast Petites Files Tuna Senasa Registration: A.01.17.I.3169
– FANCY FEAST TARTARE TROUT Senasa Registration: A.01.17.I.3185
– CAT CHOW KITTENS CHICKEN Senasa Registration: A.01.17.I.3380
– Sterilized cat chow fish Senasa Registration: A.01.17.I.3379
– Cat Chow Hydro Defense Sterilized Fish Senasa Registration: A.01.17.I.4913
– CAT CHOW ADULT CHICKEN SENSA REGISTRATION: A.01.17.I.3377
– Adult Cat Chow Fish Senasa Registration: A.01.17.I.3368
– Felix Fantastic Telly with Tuna Senasa Record: A.29.17.I.0148
– FELIX FANTASTIC MIX WITH CHICKEN AND CRAB FLAVOR SAUCE Senasa Registration: A.01.17.I.4651
According to the decision of the Executive Committee, Nestlé Peru SA must comply with the removal from the market of the above-mentioned 28 products with detected errors within 60 business days, counting from the day after the notification of the above-mentioned decision. During the specified period, the company can perform other actions fully compatible with the same objective, such as placing stickers to correct the behavior of its products.
And, immediately, Nestlé Peru S.A Avoid introducing new units in the market 28 mentioned products have errors detected.
At the same time, within 15 business days, counting from the date of notification of the aforementioned decision, you must publish a notification on your social networks (Facebook, Instagram, Twitter and TikTok, if you have an account). A pre-established document detailing the actual components of each of those 28 products must remain online for at least 30 business days, counting from the date of publication.
In addition, in accordance with the provisions of Article 37 of Decree 001-2021-COD-INDECOPI, a single order regulating consumer protection procedures provided for in the Consumer Protection and Protection Code, an arbitration administrative order is ordered. The said company shall submit to the Consumer Protection Commission – Lima South Headquarters No. 2 Evidence of compliance with the remedial measures ordered within a maximum of 5 business days counted from the expiry of the period given for execution of the order; Act no. 29571 under the caveat of mandatory penalty under the provisions of Section 117 of the Consumer Protection and Protection Code.
In case of non-compliance with the order, Consumer Protection Commission – Lima Sur Headquarters No. 2, without prejudice to the right of the authority to act in a manner that guarantees compliance with the decision of the authority. Association of Consumers and Users of Ancash Region, 001-2021-COD-Indecopi, in accordance with the provisions of Article 40 of the Decree, which assesses the imposition of mandatory fines for non-compliance with a corrective action, to report this situation to the said event.
It should be noted that it was this consumer group that initiated the procedure that culminated in the sanctions imposed on Nestlé Peru SA that filed the relevant complaint.
Nestlé will adjust the labeling of its products
In a statement, Nestlé Peru SA said the Indecopi decision does not at any time call into question the quality or safety of its Purina products for pet consumption or order an immediate withdrawal from the market.
It also clarified that the packaging of its products includes a complete list of the ingredients that make them up The texts on their labels are written exclusively for the taste difference..
He noted that this was done so that consumers could differentiate the product from others in the same category. “In no event does the said material purport to be exclusive.” he added.
Along these lines, the company regrets the decision of Indecopi and considers that it does not fail to comply with the current national regulations, which is why it will continue to appeal in relevant cases.
However, he indicated that we will apply the corrective measures prescribed by the company. Changing the labeling of its products to avoid future disputes.