Consumer Protection Alert – January 2025

Law No. 32230: Law that amends Law No. 29571, Code of Consumer Protection and Defense, in order to strengthen the Alert System for Dangerous Products and Services (Consumer Alert System)

On January 8, 2025, Law No. 32230 was published in the Official Gazette El Peruano, which amends Articles 29 and 136 of Law No. 29571, Code of Consumer Protection and Defense (“the Code”) and incorporates Article 29-A.

The purpose of this regulation is to strengthen the Alert System for Dangerous Products and Services (Consumer Alert System), establishing new criteria for the communication of risks and dangers associated with products or services, as well as additional responsibilities for INDECOPI in its capacity as National Authority for Consumer Protection.

Among the main amendments are the following:

1. Article 29: Relevant changes include the following:

• The size and frequency of the warning must be adequate. It is established that the size of the warning and its frequency must allow the information to reach affected or potentially affected consumers.
• It is required to provide alternative sources of information, which are free and easily accessible to consumers, so that they can have more information about the warnings of the risks and hazards of the product. Furthermore, such information must be immediately communicated to Indecopi.

2. Article 136: New responsibilities are granted to INDECOPI, in its capacity as the National Authority for Consumer Protection, to guarantee the operability of the Alert System, including:

• Coordinate the implementation and manage the Alert System for Dangerous Products and Services (Consumer Alert System).
• Issue directives, guidelines and establish operational formats to facilitate coordination among the members of the National Integrated Consumer Protection System.

Article 29-A is incorporated, through which the System of Alerts of Dangerous Products and Services is created, which consists of a set of rules and procedures aimed at disseminating information to the public on unforeseen or unforeseeable risks in products or services, in order to safeguard the health and safety of consumers or their property.

For further information, please contact Ximena Aramburú (xaramburu@estudiorodrigo.com) and/or Daniela Supo (dsupo@estudiorodrigo.com).