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The encyclopedia · Advertising & PR · Marketing decision · 2025

Troya Prosta's pack said it kept the prostate healthy — Indecopi asked for the evidence

Nov 2025: Indecopi's final ruling fined Enervitalgreen 11.33 UIT — its Troya Prosta pack promised 'a healthy prostate' with no clinical evidence behind it.

Enervitalgreen S.A.C. · 2025-11

What happened

Enervitalgreen S.A.C. sold TROYA PROSTA TEK DUO – Saw Palmetto, a supplement whose packaging carried a health promise: the product 'ayudaría a mantener una próstata saludable' — it would help keep the prostate healthy. Indecopi asked the question such a claim invites: where is the clinical evidence?

What the company offered — traditional use, natural ingredients, a disclaimer that the product was not a medicine — did not accredit that it possessed the advertised property. In first-instance Resolution 030-2025/CCD-INDECOPI of 25 March 2025, Indecopi fined Enervitalgreen 18.54 UIT over the prostate claim, and another 9.26 UIT for advertising the product as '100% natural'.

On appeal the case split. The tribunal accepted that '100% natural' was backed by the ingredient list — plant components and selenium — and revoked that fine; the health claim did not survive, and the final sanction, corrected for sales data and deterrence, was set at 11.33 UIT — more than S/60,000 — confirmed by Resolution 0272-2025/SDC-INDECOPI of 25 November 2025.

Why it happened

  • A health claim on packaging is a promise that demands clinical evidence; traditional use and ingredient lists do not substitute for it.
  • The 'not a medicine' disclaimer did not rescue the claim: consumers still read a promise of a healthy prostate.
  • The appeal split the case — the provable claim ('100% natural') survived; the unproven one carried the fine.
What it cost11.33 UIT final fine (S/60,000+)costly

The lesson

Health claims are judged by the evidence behind them, not the disclaimers around them. On appeal, only the claims you can prove survive — the fine for the rest stands.

Aftermath

The final-instance fine stood and the corrective measure was upheld: the health claim had to leave the packaging. In Peru the case is cited for its clean split — '100% natural' was proven by the ingredient list; 'keeps the prostate healthy' was not proven at all.

Sources

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