Applicable Criteria for Information and Warnings on Risk and Hazard
Article 29 has been amended to establish the following key points:
Direct Communication: Information regarding the risks and hazards of certain products or services must primarily be communicated directly to the affected consumer. If individual communication is not feasible, the provider must utilize national mass media channels to disseminate the information.
Frequency and Visibility of Warnings: Warnings communicated through mass media must be sufficiently visible and accessible to effectively reach affected or potentially affected consumers.
Alternative Information Sources: Free and easily accessible sources of information must be provided to allow consumers to obtain further details about the warnings.
Notification to INDECOPI: Additionally, this information must be reported to INDECOPI.
Creation of the Hazardous Products and Services Alert System
Article 29-A is incorporated, establishing the Hazardous Products and Services Alert System, which aims to inform the public about unforeseen or unpredictable risks associated with products or services, thereby protecting consumers’ health and safety.
If a hazardous product or service is detected, the National Consumer Protection Authority may:
- Request, consolidate, and verify information regarding hazardous products or services.
- Publish and disseminate alerts concerning hazardous products and services.
- Monitor, follow up, update, and verify the alerts that have been published and disseminated.
- Supervise compliance with procedures for issuing warnings and alerts.
New Functions of INDECOPI as the National Consumer Protection Authority
Article 136 has been amended to include the following responsibilities for INDECOPI in its role as the National Consumer Protection Authority:
- Coordinate the implementation of the Hazardous Products and Services Alert System.
- Additionally, as the governing body of the National Integrated Consumer Protection System, INDECOPI is responsible for issuing directives and guidelines, as well as approving formats necessary for the operation of this system.
For more information, contact Alejandro Castro (alejandrocastro@unionandina.com)