Peru: Indecopi strengthens alert system for dangerous products and services

08 Jan 2025    2 minute read

In brief

Law No. 32230, which amends Law No. 29571, the Code of Consumer Protection and Defense ("Consumer Code"), was published on 8 January 2025. Its purpose is to strengthen the alert system for dangerous products and services, also known as the consumer alert system.

According to the consumer alert system regulation, when suppliers detect unforeseen risks in their products or services, they must take measures to eliminate or reduce the danger, including warning consumers about the situation.

Contents

The main amendments to the Consumer Code are as follows:

  1. Article 29 establishes the following additional duties for suppliers regarding the dissemination of consumer warnings:
    1. Suppliers must first use individual means of communication to reach consumers potentially affected by risky products or services.
    2. If individual communication with consumers is not possible, suppliers must resort to mass media with national coverage.
    3. Alternative sources of free and easily accessible information should be made available to potentially affected consumers.
  2. Articles 29-A and 136 strengthen the following functions of the National Institute for the Defense of Free Competition and the Protection of Intellectual Property (Indecopi):
    1. Upon detecting a dangerous product or service, Indecopi may:
  • Request, consolidate and verify information related to said product or service
  • Publish and disseminate alerts regarding said product or service
  • Monitor, follow up, update and verify the alerts published and disseminated
  • Supervise compliance with the procedure for communicating warnings and alerts of dangerous products and services
  1. Indecopi may issue directives and guidelines, as well as approve operational templates for the consumer alert system.

You can find the law in the following link.

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We hope this information is of relevance to you and your company. Please do not hesitate to contact us if you require any advice in this regard.

Click here to read the Spanish version.

 

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