[News] Poett case: Indecopi begins sanction proceedings against Clorox

[Dr.Drako]

This decision was made because the company would not provide timely attention to consumers affected with the bacteria from contaminated products.
Indecopi, through the Technical Secretariat of the Consumer Protection Commission No. 3 (ST of CC3), initiated an administrative sanction procedure against the company Clorox Peru for alleged violation of the duty of suitability.

This action was taken because the service channels implemented by the provider would not facilitate timely attention to affected consumers, given the health alert that Poet ’products would be contaminated with the Pseudomona bacteria.

As recalled, Clorox Peru announced the voluntary withdrawal of its Poett brand antibacterial liquid cleaners (manufactured before June 30, 2020), as some of these had failures in their disinfection properties, due to bacterial contamination, which includes Pseudomona.

This bacterium is commonly found in the environment, soil, and water, and can potentially cause skin, urinary tract, or pneumonia infections, mostly in immunocompromised individuals.

 

After an ex officio investigation, the technical secretary of Indecopi issued a resolution, dated July 15, in which the care channels that the same provider implemented were reported: such as the telephone number 0800-53988 and the WhatsApp 955103103.

The investigation found that the large number of consumers who would have been affected by the acquisition of the product that was the object of the alert, which creates a risk to their health, would not be being served.

Therefore, the duty of suitability, established in article 19, of the Consumer Protection and Defense Code would be violated.

This says that “the providers 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 useful life of the product indicated on the packaging, where appropriate ”.

 

-Caution-

Likewise, through the aforementioned resolution, it also ordered, as a precautionary measure, that, within a maximum and non-extendable period of two calendar days, the company strengthen, optimize, reinforce and / or increase the attention channels in order that, Through these, consumers can have timely access to sufficient and truthful information regarding the alert of the aforementioned product and what is derived from it.

In this sense, Clorox Peru was ordered to send the CC3 the means of evidence that prove compliance with the order. This, under penalty of imposing a fine for their non-compliance in accordance with the provisions of article 117 of the Consumer Protection and Defense Code.

Indecopi added that Clorox Peru is within the legal deadline to formulate its defense to the complaint made, as well as to present its appeal against the precautionary measure imposed, before the Indecopi Specialized Chamber for Consumer Protection, second and last administrative instance of the institution.
 

Edited July 18, 2020 by Dr.Drako
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