Superintendencia de Industria y Comercio

The Superintendence of Industry and Commerce, in its role as National Authority for Consumer Protection, initiated an administrative investigation against MATTEL COLOMBIA SA, for the alleged breach of consumer protection regulations, specifically related to the duty to guarantee the safety of the products and report the risks associated with them, as well as to establish additional conditions to those indicated in the law to enforce the rights of consumers.

This SIC became aware of the product safety issues of this item, due to the alert published by the Consumer Product Safety Commission (CPSC) of United States of America, entitled “Fisher-Price recalls Rock 'n Play Sleeper rocking chairs due to reports of deaths”.

Following these events, MATTEL COLOMBIA SA, importer of FISHER-PRICE baby chairs (reference ROCK 'N PLAY SLEEPER for Colombia), informed the general public about the recall campaign that was initiated in Colombia, along with seven communications sent to consumers to inform them about the recall of these baby seats.

After reviewing the information provided by MATTEL COLOMBIA SA to consumers, it was evidenced that, in addition to having indicated that the measures adopted with respect to the product were due to a loss of functionality, apparently, the company implied that the safety campaigns were part of an extension of the guarantee and that this extension will only last for approximately one month. It was also found that the company was demanding the receipt of purchase of the product in order to enforce the "warranty extension".

Thus, and considering that the FISHER-PRICE baby chair (reference ROCK 'N PLAY SLEEPER) is involved in the death of approximately 30 babies in the United States of America, the SIC considers that the actions carried out by MATTEL COLOMBIA SA could constitute a failure to comply with its obligation to guarantee the safety of the products, since, apparently, it did not inform about the risk of death associated with the baby chair, implying that it was an extension of the guarantee and not a safety campaign.

Furthermore, the company was setting a deadline for consumers to be part of the safety campaign and was demanding documents that are not required by the Consumer Law when enforcing safety campaigns.

If this breach is to be confirmed, MATTEL COLOMBIA S.A. could face fines up to 2,000 legal minimum wages.