The encyclopedia · Advertising & PR · Marketing decision · 2023
Ishop said the iPhone 11 was waterproof 'in any condition' — Indecopi asked for proof
May 2023: Indecopi fined Ishop S/549,450 — its ad said iPhone 11 models stayed underwater 30 minutes 'in any condition'; Ishop produced no evidence for it.
Ishop · 2023-05
What happened
Ishop, Peru's main Apple reseller, ran a video ad claiming the iPhone 11 and iPhone 11 Pro Max were water-resistant 'in any condition': up to 30 minutes at a maximum depth of four meters. The ad turned a lab rating into a lifestyle promise — swim, splash, rain, whatever. Peru's Indecopi then asked what evidence stood behind 'any condition'.
Ishop presented nothing to prove it. The unfair-competition commission found the ad deceptive under Article 8 of Legislative Decree 1044: the truth of the message had not been substantiated. In Resolution Nº 054-2023/CCD-INDECOPI, dated 2 May 2023, Indecopi fined Ishop 111 UIT — S/ 549,450 — and ordered the immediate and definitive cessation of the advertisement.
The sanction was first instance and open to appeal, but the message was categorical: a manufacturer's lab rating does not give a retailer licence to promise 'in any condition'. The more absolute the promise, the heavier the burden of evidence — and the burden sits with whoever runs the ad.
Why it happened
- 'In any condition' took Apple's controlled lab rating and turned it into an unlimited promise; the gap between the two was the deception.
- Indecopi's rule is simple: the party making the claim must prove it — and Ishop presented nothing.
- The retailer, not the manufacturer, answered for the ad: the burden of proof follows publication, not authorship.
The lesson
Absolute claims carry absolute burdens: 'in any condition' is a promise only evidence can keep. Lab ratings belong to the lab; the ad needs its own proof.
Aftermath
The sanction was first instance, open to appeal before the competition chamber; the ad had to stop immediately and definitively. In Peru the case is cited for the rule that retailers inherit the burden of proof for any claim they choose to run.
Sources
- Indecopi — El Indecopi sancionó en primera instancia a Ishop por difundir publicidad engañosa sobre celulares resistentes al agua
- La República — Indecopi multa a Ishop con más de S/500.000 por publicidad engañosa sobre iPhone 11 y 11 Pro Max
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