π Tender Overview
The companies of Supermercados Peruanos S.A. (Vivanda, Mass and Plaza Vea), Mayorsa S.A. (Mayorsa and Maxi Ahorro) and Hipermercados Tottus S.A. (Tottus) were sanctioned for selling canned products with bumps and dents in their commercial establishments in Lima and Callao. The Specialized Chamber for Consumer Protection of Indecopi, in the second and last administrative instance and within the framework of its autonomy, declared founded the complaint filed by the Peruvian Association of Consumers and Users (ASPEC).
In the case of Mayorsa, Maxi Ahorro and Tottus, fines of fifteen (15) UIT were imposed on each of the companies. With respect to Vivanda, Mass and Plaza Vea, although the Chamber determined that an infringement had been committed, it declared the sanctions imposed null and void and ordered the first instance to carry out a new calculation. In all these cases, the companies violated Article 30 of the Consumer Protection and Defense Code, which states that suppliers are responsible for the safety of products.
To safeguard the health of consumers, and to prevent these events from being repeated, companies were ordered to adopt the necessary measures to ensure compliance with their quality protocols and, in case they detect canned products beaten and / or dented, they are withdrawn. Failure to provide evidence of compliance with these provisions could impose additional fines on suppliers.