According to Indecopi ‘s Commission for the Control of Unfair Competition , the store assured “that the iPhone 11 and 11 Pro Max were resistant to water, when in reality it was not true.”
The National Institute for the Defense of Competition and the Protection of Intellectual Property ( Indecopi ) first sanctioned the official Apple distributor store in Peru, iShop , for misleading advertising on the iPhone 11 and iPhone 11 Pro Max .
According to Resolution No. 054-2023/CCD-INDECOPI of May 2 of this year, iShop did not submit evidence to support the truth that the equipment “is waterproof for up to thirty minutes at a maximum depth of 4 meters.”
The case
The fine has been provided by the Commission for the Control of Unfair Competition (CCD) and amounts to 111 UIT, for an amount of 549,450 soles.
The resolution states that “ iShop spread misleading advertising, through an audiovisual announcement, in which it conveyed the idea that the aforementioned equipment was resistant to water, up to thirty minutes, at a maximum depth of four meters, in any condition. However, the accused company did not present the evidence that supports the veracity of the announced message.
The complaint was filed by the Institute of Market Organization Law – Idom and the Nouvelle Defense Association, for committing acts of deception.
Within the resolution, the Entel and América Móvil channels were also included as part of the “deception” process through their websites. “These companies would be informing consumers that iPhone cell phones would be waterproof, omitting that this waterproof feature would occur under certain conditions (pure and static water) and not under normal conditions of use such as running or dirty water that could harm the devices”, it reads.
Within the tests, it was also required that they provide evidence of the same conditions as the 8, 8 Plus, XR, XS and XS Max models.
In addition to the penalty, the store has also been ordered to withdraw the broadcast of the ad.