When the label lies: Misleading advertising in food products and the response of the peruvian legal system

Abstract

This article analyzes Peruvian regulations on deceptive advertising in food products, considering that advertising is a determining factor in consumer decisions. First, it examines the legal nature of deceptive advertising, highlighting that it simultaneously harms the interests of consumers, honest competitors, and the market as a whole. Next, it identifies the protected legal rights—the right to information, the right to health, and the protection of vulnerable consumers, with an emphasis on children and adolescents—and reviews the applicable regulatory framework, comprised of the Consumer Protection and Defense Code, the Law on the Repression of Unfair Competition, and the Law on the Promotion of Healthy Eating, along with the octagonal warning label system. The article also reviews the powers of Indecopi and its affiliated agencies and analyzes three emblematic cases: Pura Vida, Nestlé, and L'Onda. Finally, the conclusion reached through this study is that, while Peru has a solid legal framework, its practical application is deficient. Among the main problems are the lag in digital oversight compared to market advancements, the lack of clear rules on influencer activity, the weak deterrent effect of fines, and the poor coordination among the responsible institutions.