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The encyclopedia · Advertising & PR · Marketing decision · 2025

Genomma sold a shampoo as therapy — an Argentine court kept the fine

May 2025: Argentina's federal court upheld ARS 5M against Genomma — Lomecan Therapy Shampoo Intimo's ads implied therapeutic powers it never proved.

Genomma Laboratories Argentina · 2025-05

What happened

Genomma Laboratories Argentina marketed 'Lomecan Therapy Shampoo Intimo' with advertising capable of leading consumers into error about the product's therapeutic properties. The consumer-protection authority found the campaign breached the duty of truthful information under Article 4 of the Consumer Defense Law and fined the company 5 million pesos.

Genomma appealed on jurisdiction and proportionality. In May 2025 the Federal Administrative Contentious Chamber, Sala II, rejected the appeal in full: the Subsecretariat had jurisdiction, the infraction was proven, and the fine was reasonable and proportionate. The ruling stood.

The case is a marker for the health-adjacent word: 'therapy' in a name and in ads is not decoration, it is a claim about what the product does to the body. Genomma Lab — whose catalog runs on such promises — has met the same rule in Mexico and Colombia.

Why it happened

  • The ads implied therapeutic properties the product never substantiated.
  • Article 4's duty of truthful information applies to health-adjacent claims on everyday products.
  • The federal court upheld both the infraction and the fine as proportionate.
What it costARS 5M fine upheld on appealcostly

The lesson

A health-adjacent word in a product name is a claim: 'therapy' implies therapeutic effect, and consumer law demands the proof before the promise runs.

Aftermath

The fine stood. The ruling joins Genomma Lab's running ledger of advertising sanctions across Latin America — PROFECO in Mexico and the SIC in Colombia have sanctioned the group over similar claims.

Sources

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