Post by account_disabled on Mar 13, 2024 1:13:03 GMT -5
There is no way to cancel an infraction notice or the consequent fine, applied by the National Institute of Metrology, Quality and Technology (Inmetro), if the manufacture of a product is in flagrant non-compliance with legal standards, violating the Defense Code Consumer Affairs (Law 8,078/90).
The conclusion is reached by the Federal Regional Court of the 4th Region (TRF-4), in maintaining a sentence that dismissed an annulment action handled by an importer, based in Indaial (SC), against B2B Lead an act by Inmetro that fined it for selling LED lamps without the Mandatory marking of the date of manufacture — on the product and packaging. The value of the fine, applied in 2018: R$ 13,440.00.
During the telepresence trial session, held on July 22, the 4th Panel of the Court recognized that the importer did not comply with Inmetro Ordinance 389/2014, which establishes standards for the quality control of LED lamps .
For federal judge Cândido Alfredo Silva Leal Júnior, rapporteur of the appeal, the code used by the company on the packaging does not indicate the date of manufacture in a clear and direct way when the consumer comes across the product.
The importer claimed that the Institute Ordinance allows the date of manufacture to be indicated through coding. However, according to Leal Júnior, the code mentioned only allows the consumer to obtain the date of manufacture of the merchandise if they contact the company in the future, and not at the exact moment of purchase.
In both levels of jurisdiction, it was clear that, although Inmetro actually allows the supplier to identify the date of manufacture through coding, "such marking must be made in a clear, indelible and legible manner, identifiable through simple visual inspection". With information from the TRF-4 Press Office.