In today’s Peruvian market, the commercialization of a product entails a responsibility that goes beyond a simple transaction. A product must not only be sold—it must strictly comply with what is promised and must not create unjustified risks for the user. Under this premise, supplier liability has ceased to be a remote possibility and has become an imminent legal consequence in the face of any deviation.
In the field of consumer protection, defective products are one of the most sensitive issues, as they represent a high legal, reputational, and economic risk for companies.
When is a product considered defective?
It is a common mistake to believe that a product is only defective when it “doesn’t work.” From a legal and regulatory perspective, a product is also considered defective when:
- Lack of fitness (non-conformity): It does not meet the promised or reasonably expected conditions.
- Manufacturing defects: It contains errors in its production.
- Design defects: It has structural flaws from its conception.
- Insufficient information: It lacks adequate instructions or warnings.
- Unforeseen risks: It creates dangers that the consumer cannot reasonably anticipate.
In any of these cases, the supplier may be sanctioned, even without intent or willful misconduct.
Prevention: The cornerstone of legal strategy
A company that anticipates risks significantly reduces its legal exposure. To achieve this, we recommend implementing the following key actions:
- Rigorous quality controls throughout the entire production chain.
- Technical risk assessments prior to commercialization.
- Clear and complete labeling, including all necessary warnings.
- Full traceability, allowing for swift response to any detected defect.
- Predefined and tested recall protocols.
The strategic value of compliance
Recently, the Specialized Chamber for Consumer Protection of INDECOPI set an important precedent with Resolution No. 3769-2025/SPC-INDECOPI. In this decision, the authority not only imposed a sanction but also formally ordered the company to implement a Compliance Program.
This mandate requires companies to establish review and evaluation mechanisms to manage operational risks affecting consumers. Today, compliance is not just a tool to avoid fines—it is a governance standard that strengthens a company’s position before clients, investors, and authorities.
A well-structured compliance system allows companies to:
- Identify and manage legal risks proactively.
- Standardize internal processes and quality and safety controls.
- Train personnel in best practices and applicable regulations.
- Correct issues internally before they escalate into public sanctions.
Today, compliance is no longer optional—it is a fundamental component of sustainable business management.
At GMA – Gálvez Monteagudo, we advise companies on mitigating consumer-related legal risks through:
- Compliance audits and labeling reviews.
- Tailored compliance program implementation.
- Specialized defense in administrative proceedings.
If your company commercializes products, the question is not whether an issue will arise, but rather: how prepared are you to face it?