Months after filing two complaints to the Superintendence of Industry and Commerce (SIC) against the misleading advertising of two drinks marked to minors, and without receiving any response from the entity, the non-profit organization RED PAPAZ filed last September 7, a legal action against the SIC and the National Institute for Surveillance of Drugs and Food (INVIMA), in order to protect the rights of minors and get action on false messages of products such as "makes you grow and learn", "real fruit", "ideal for children" or "recommended by pediatricians", considering that they can affect consumer decisions and undermine the rights of a balanced children´s diet.
According to the executive director of the organization "these are beverages that, on average, have 8% or less of fruit, in addition to an excess of sugar, which even exceed between 80 and 90% as recommended by the Pan American Organization of Health", so in her opinion, the products are passing off as healthy, although they are harmful, and with false advertising messages both children and parents are being deceived.
However, the INVIMA has ruled on the commercial advertising of one of the products "fruit drink, added with vitamins and zinc, consume this beverage along with a balanced diet and exercise" emphasizing that this message suggests that the beverage is not the only factor that helps growth and strengthen the natural defenses, therefore, in their opinion, the advertising does not contravene the current sanitary regulation.
Consequently, judges will have to study carefully this case and determine whether the non- profit organization arguments are solid or well-founded, which will not be a simple task.
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