The encyclopedia · Advertising & PR · Marketing decision · 2023
Paracas promised 40 meters per toilet roll — Indecopi asked for proof, and found none
May 2023: Indecopi fined Papelera Reyes S/2.39M — its Paracas toilet paper was advertised as 40 meters per roll; the proof submitted came after the campaign.
Papelera Reyes · 2023-05
What happened
Papelera Reyes ran a digital campaign — websites, social networks, influencers — for its 'Paracas Black Premium' toilet paper: 40 meters per roll, 'más papel de punta a punta', performance plus softness. In a market where shoppers buy by roll length, 40 meters was the selling point. Peru's Indecopi then asked the basic question: how do you know each roll is 40 meters?
The company had no suitable evidence before the campaign went out. During the procedure it produced technical sheets, notarial records, lab reports and internal reports — and all of it was rejected: documents without dates, results with no supporting studies, inadequate sample inspections, and papers issued after the campaign had already begun. On 11 May 2023 Indecopi's competition chamber ruled the claim deceptive under Article 8 of Legislative Decree 1044 and confirmed a fine of 482.78 UIT — S/ 2,389,761.
The ruling also ordered the campaign stopped for good and a rectification notice published in the same channels. For advertisers in Peru the case states a hard rule of timing: evidence for a claim must exist before the ad runs, and building it afterwards does not wash the deception away.
Why it happened
- '40 meters' was the claim that sold the product — a measurable, checkable promise, exactly the kind regulators demand evidence for.
- The company produced plenty of evidence, none of it from before the campaign; documents built afterwards do not prove the ad had grounds.
- The fine was confirmed at final administrative instance: 482.78 UIT for a claim never substantiated shows the price of advertising first and verifying later.
The lesson
Substantiation is a deadline, not a formality: evidence for a measurable claim must exist before the ad runs. Proof manufactured after the campaign starts does not cure the deception.
Aftermath
The sanction was confirmed at final administrative instance; Papelera Reyes had to cease the campaign and publish a rectification in the same media. Resolution 0055-2023/SDC-INDECOPI is cited in Peruvian advertising law as the benchmark for pre-campaign substantiation of measurable claims.
Sources
- Indecopi — Sancionan a Papelera Reyes por difundir publicidad engañosa sobre el rollo de papel higiénico Paracas Black Premium
- LP Derecho — Multan a papelera por difundir publicidad engañosa sobre papel higiénico Paracas Black Premium (Resolución 0055-2023/SDC-INDECOPI)
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