A court in the Los Ríos Region sentenced an importer to pay 1,250 UTM following a complaint filed by SERNAC for violations of Law 19.496. The case brings an uncomfortable truth to the table for any company that markets physical products in Chile: Spanish labeling requirements, SEC certification on electrical products, and warranty information are not minor formalities. They are obligations whose cumulative noncompliance can result in fines of this magnitude, imposed by a local police court judge after an on-site inspection. The ruling confirms that SERNAC does more than guide consumers. It files complaints in court and requests the maximum fines when the seriousness of the findings justifies it.
What happened
SERNAC carried out an in-person inspection at the business premises of Importadora Xundong Mao E.I.R.L. —known as "Importadora Arcoíris"— in the city of Panguipulli. The findings were multiple and interdependent. The SERNAC Regional Judicial Unit filed a complaint before the Local Police Court of Panguipulli, requesting the application of the maximum fines provided for in Law 19.496. The court reviewed the background and agreed with SERNAC on each of the charges. The ruling stated that the importer violated the regulations on at least four fronts:
- Marketing products potentially hazardous to people’s health.
- Product labeling in a language other than Spanish.
- Sale of electrical products —extension cords, electric kettles, and electric hot-water bags— without the SEC seal, the mark certifying compliance with current electrical regulations.
- Failure to provide information on the right to the legal warranty for defective new products, and absence of the details of the person responsible for the business premises.
The court imposed a fine for each proven breach. The total amounted to 1,250 UTM, one of the highest sanctions known in the context of violations of the Consumer Law. The rule is straightforward: whoever markets products in Chile is required to comply with the safety, labeling, and consumer information rules set out in Law 19.496, and that obligation does not depend on the size or origin of the business.
What this may mean for your company
The first angle is the most obvious: if your company imports or sells physical products —of any kind— this ruling is a reminder that SERNAC’s on-site inspections exist, detect violations in the field, and lead to legal action. But there is a second angle that should not be overlooked. The violations sanctioned by the court were not conduct that required intent. They are omissions that often arise from ignorance of the supply chain: the product arrived from the supplier with labeling in another language, the distributor did not check whether it had the SEC seal, the warranty protocol was not documented at the point of sale. In practice, the legal outcome is the same: the company that makes the product available to the consumer is responsible. Three concrete risk areas highlighted by the ruling: Labeling in Spanish. Law 19.496 requires products to include information related to use, content, and composition in Spanish. If your company imports directly or distributes imported goods, that verification responsibility is yours. It is not enough for the foreign manufacturer to have placed a label. SEC seal on electrical products. The sector-specific electrical regulations establish that electrical products sold in Chile must bear the seal of the Superintendence of Electricity and Fuels (SEC). If your catalog includes any device that operates with electricity —from an adapter to an appliance— the absence of that seal is an independent violation. Legal warranty and supplier information. Law 19.496 grants consumers the right to demand a product replacement, a refund, or a repair within 6 months of purchase when the new product is defective. That information must be available at the point of sale. If it is not, the company is exposing itself to liability without knowing it. The accumulation is what makes this ruling relevant from an operational standpoint. The court did not impose a single fine: it imposed separate fines for each proven violation. The sum of minor breaches, each with its own sanction, produces amounts of 1,250 UTM. The message is the same for large and small companies.
What you can do
If your company sells physical products to end consumers —whether directly or through distributors—, three concrete actions reduce exposure:
- Audit your inventory of labels and packaging information. Check that all products on display or in stock include information in Spanish about use, content, composition, and the responsible party. If the foreign supplier does not guarantee this, include that requirement as a condition in the supply contract or import process.
- Verify the SEC certification of your electrical catalog. If you sell electrical or electronic devices, request from your supplier the documentation proving the SEC seal. That management should be kept in an internal record that you can present during an inspection. Include a compliance warranty clause in your contracts with suppliers.
- Document the legal warranty protocol at your point of sale. Implement a visible notice with consumers’ rights regarding defective products: replacement, refund, or repair within 6 months of purchase. That information must be available without the consumer having to ask for it.
If you need to review whether your sales or import operation complies with the requirements of Law 19.496 —labeling, sector-specific certifications, warranty, or point-of-sale information—, schedule a diagnostic meeting with our team. Schedule here This content is informational and does not constitute legal advice for a specific case. Source: SERNAC Portal