Mexico
Decision · Administrative

El Poder del Consumidor v. Coca Cola

Issue:

El Poder de Consumidor filed a complaint against Coca Cola due to the advertisement of product Sidral Mundet. The Federal Consumer Protection Agency [Procuraduría Federal del Consumidor - PROFECO] requested the slogan to be removed.

Summary:

The Coca Cola’s product Sidral Mundet was being advertised since the 1970s with phrases such as “made with apple juice”. Their goal was to strengthen the association of the product with a healthy food – apples. After El Poder del Consumidor’s complaint, Coca Cola contested based on the ground that eliminating it would violate the commercial freedom of the company.

However, PROFECO decided that this kind of slogan could deceive the consumer, because it cointained a pasteurized apple flavor instead of apple juice. The advertisement (in Spanish, “publicidad”) was finally withdrawn and Coca Cola voluntarily stopped using the phrase and replaced it with “made in Mexico”.