Red PaPaz v. Rappi S.A.S
Red PaPaz v. Rappi S.A.S, Resolution No. 10098-2022, Colombia's Superintendency of Industry and Commerce (2022)
- Mar 2, 2022
- Superintendency of Industry and Commerce
Plaintiff Colombian Association of Fathers and Mothers - Red PaPaz
Defendant Rappi S.A.S
Law No. 1480-2011, Consumer Protection Law
Law No. 1801-2016, Childhood and Adolescence Law
Type of Litigation
Tobacco Control Topics
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
Type of Tobacco Product
Heated tobacco products (HTPs) are tobacco products that require the use of an electronic device to heat a tobacco insert (stick or pod of compressed tobacco). HTP systems are fully integrated so that the heating device and tobacco insert for each system must be used together.
On December 2, 2019, the Colombian Association of Fathers and Mothers – Red PaPaz, filed a claim before the Colombian Superintendency of Industry and Commerce (SIC) against Rappi S.A.S (Rappi), a Colombian on-demand delivery online company, for the lack of mechanisms on Rappi's e-commerce website and mobile app to ensure that minors do not search and buy harmful products through them (such as alcohol and tobacco products). Although the complaint involved the sale and delivery of tobacco products generally, the evidence collected was specific to the availability for sale and delivery of heated tobacco product inserts (e.g., Heets). Specifically, the complaint alleged that minors could access, purchase and receive alcoholic beverages and tobacco products through Rappi's website without any significant limitations and without their age being verified at the time of purchase and delivery. This lack of protective measures violated the norms for the protection of minors established in Colombia's Law No. 1801-2016, Childhood and Adolescence Law. The complaint filed by Red PaPaz was investigated jointly, with many additional complaints filed by Colombian consumers against Rappi due to a series of infringements of the Colombian Consumer Protection Law. Upon completing the investigation, SIC verified each of the infractions reported by Red PaPaz and several other consumers and fined Rappi approximately $312,000.00 USD ($1,245,000,000.00 Colombian pesos). The decision has been challenged by Rappi.