Member Article

The Ministry of Economy published the new proposed Regulation on Price Information per Unit of Measurement of Products (Decree No. 229 of 2002), which seeks to improve the transparency and quality of the information provided to consumers regarding the prices of products both in physical stores and online, so that they can make informed purchasing decisions and promote fair competition in the market.

Broadly speaking, the proposal of the consulted regulation seeks to introduce the following modification updates:

• Extending the reporting obligation beyond supermarkets to include sellers that market their products in person or through e-commerce platforms;
• The elimination of the list of products subject to regulatory application;
• Explicit reference to the obligation to report the Price per Unit of Measurement ("PPUM") in (a) products that have an indication of the quantity to whose magnitude they should refer, and (b) in products formed by units or pieces of identical nature that are marketed in the same package. They may be reported in units of mass, volume, length;
• Exceptionally, it is established that it will not be mandatory to report the PPUM for a limited list of products, being these: (i) products of different nature that are sold in the same package; (ii) products that are marketed in quantities of less than 50 grams or milliliters, with exceptions; (iii) products supplied on the occasion of provision of a service; (iv) products that are sold at public auction; (v) works of art or antiques; (vi) products marketed through vending, dispensing or automatic vending machines; (vii) unpackaged products sold in portions, for example, individual portions of ice cream or cakes; and (viii) prepared products for immediate consumption offered in cafeterias or in-person restaurants or through e-commerce platforms;
• The obligation that the selling price and the price per unit of measure be indicated in an unequivocal, easily identifiable and legible manner, being placed in the same field of vision of the consumer;
• The obligation to express the price per unit of measure in legal tender (peso), in a text indicating "$[price] per [unit of measure]".

The citizen consultation will be valid until November 13th, 2023, and the following links provide access to: minute of the consultation; proposed Regulations and form for observations and/or comments.

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