Brazil continues hammering Apple with fines over lack of bundled charger

AppleInsider · October 13, 2022 9:58PM

In the latest chapter of Apple and Brazil's legal battle over AC chargers, Brazil has fined Apple about $19 million and is again dictating that iPhones sold in the country must include chargers.

The latest ruling is an echo of one in early September. In that ruling, Apple was fined R$ 12,274,500 (about $2.3 million) and halted iPhone 12 sales until the company included the charger.

Apple stopped including a charger or EarPods in iPhone packages starting with the iPhone 12 in October 2020, saying that the move was better for the environment. This change was to help Apple reach its goal of a 100% carbon-neutral footprint by 2030.

"It is evident that, under the justification of a 'green initiative,' the defendant imposes on the consumer a required purchase of charger adaptors that were previously supplied along with the product," the court ruled.

For the ruling in 2021, Brazilian authorities noted that removing a charger from a package was fine. However the absence had to be more clearly marked on the packaging that the device previously included a charger but no longer does.

Apple does state on its website that there is no charger in the box, but Brazilian authorities maintain that this is insufficient. In translation, the Brazilian administration says that local consumer law requires such information to be "ostentatious" and not "camouflaged."

Brazil levied a similar fine against Apple in 2021 from the consumer protection regulator Procon-SP. At that time, a fine of R$10,546,442 ($1.9 million) was imposed, along with accusations of false advertising. The agency alleged that Apple sold devices with factory defects and failed to repair devices under warranty.

At the time, Apple failed to convince the regulator of its argument that not including a charger in the iPhone box was better for the environment and that most consumers already had a charger.

Apple was ultimately forced to include chargers with iPhone 12 packages sold in the Brazilian state of Sao Paulo.

A report by Reuters On Thursday evening indicates that Apple will appeal the ruling.

Read on AppleInsider

JFC_PA · October 13, 2022 10:11PM

So they’ll tape a boxed charger to iPhones sold in Brazil?

Up the price by $19.

EOS.

baconstang · October 13, 2022 10:44PM

Send Brazil the same ones they send to Russia.... is potato.

bloggerblog · October 13, 2022 10:48PM

Just adhere the message on the shrink wrap

KTR · October 13, 2022 11:08PM

I would include the charger, but jack up the price of the phone. Or stop selling iPhones in that country. Make it web order only

macxpress · October 13, 2022 11:50PM

I wouldn't really say they're hammering Apple with fines lol...thats a little exaggeration there. The amount of money Apple is being fined is a drop in the bucket for them. I doubt they even noticed it leaving their bank account. Not really impressed with the clickbait headline there.

chasm · October 14, 2022 2:15AM

macxpress said:

I wouldn't really say they're hammering Apple with fines lol...thats a little exaggeration there. The amount of money Apple is being fined is a drop in the bucket for them. I doubt they even noticed it leaving their bank account. Not really impressed with the clickbait headline there.

It is a 10x increase from previous fines. It’s not clickbait, and it is newsworthy. Furthermore, it is not a “drop in the bucket” of Apple’s Brazilian sales.

bloggerblog · October 14, 2022 6:09AM

To those who obviously haven’t read the article, they either want a Apple to include a charger or add a message on the box to indicate a charger is not included.

My opinion is that it is really non of their business, if the customer is not happy they simply won’t buy Apple products.

This is just another way government bodies make money, they write a law to make millions. It’s really a concealed tax. In the end, the customer pays that fine, companies will just tag it to the price of the product. If Apple didn’t make their products expensive they would’ve been sued out of business.

sflocal · October 14, 2022 7:05AM

I just bought a battery-powered Milwaukee die grinder at Home Depot. I had to buy a separate battery for it, and it came with no charger.

Who do I sue? I feel slighted. I demand class-action status here people. /s

crowley · October 14, 2022 10:15AM

JP234 said:

chasm said:

macxpress said:

I wouldn't really say they're hammering Apple with fines lol...thats a little exaggeration there. The amount of money Apple is being fined is a drop in the bucket for them. I doubt they even noticed it leaving their bank account. Not really impressed with the clickbait headline there.

It is a 10x increase from previous fines. It’s not clickbait, and it is newsworthy. Furthermore, it is not a “drop in the bucket” of Apple’s Brazilian sales.

It's the EU demand for USB-C that's going to cost them. But they've already planned to do it worldwide, probably before that legislation takes effect.

So it won't cost them then. But since there is apparently a new requirement that the EU and USB-C be brought up in every single thread, well done, checkbox checked.

Kuyangkoh · October 14, 2022 1:07PM

sflocal said:

I just bought a battery-powered Milwaukee die grinder at Home Depot. I had to buy a separate battery for it, and it came with no charger.

Who do I sue? I feel slighted. I demand class-action status here people. /s

Hahahaha unusable … return and complaining it is not working

JFC_PA · October 14, 2022 11:18PM

My last truck did not come with an included gas station! I. Am. Outraged!

FileMakerFeller · October 15, 2022 1:24AM

bloggerblog said:

Just adhere the message on the shrink wrap

If it was that simple, Apple would have done it by now.

tht · October 15, 2022 6:25PM

bloggerblog said:

To those who obviously haven’t read the article, they either want a Apple to include a charger or add a message on the box to indicate a charger is not included.
My opinion is that it is really non of their business, if the customer is not happy they simply won’t buy Apple products.
This is just another way government bodies make money, they write a law to make millions. It’s really a concealed tax. In the end, the customer pays that fine, companies will just tag it to the price of the product. If Apple didn’t make their products expensive they would’ve been sued out of business.

The judge wants Apple to either provide a charger or compensation for not including the charger. The reasons given are whatever he came up with that sounded good to him. He could have just said that Apple should include the charger because he get up on the left side of the bed that morning instead of the right side, where left meant Apple should include a charger. Sometimes judges make defensible rational decisions. Sometimes judges make irrational decisions. They are all human after all.

There is a message on every Apple product box of what products are in the box. It usually the very first sentence in the back of the box at the top. My iPhone 12 box says:

"Includes: iPhone 12 and USB-C to Lightning Cable; power adaptor and headphones sold separately."

I bet that message is on every box everywhere iPhones are sold. Only thing different will be iPhone 12 will be replaced with the iPhone the box contains.

Brazil can decide whatever product guidelines they want to have. Apple put up a legal effort to have their way. They apparently lost at this point. It's not a big deal for them to provide a charger going forward and Apple Store credit for iPhone owners. I think they still include EarPods with iPhone purchases in France. It costs more no doubt, but they are complying with French law just as they should elsewhere.

saarek · October 15, 2022 10:03PM

This sort of bill would just be seen as the equivalent of a petty cash withdrawal to Apple.

bloggerblog · October 16, 2022 11:14AM

tht said:

bloggerblog said:

To those who obviously haven’t read the article, they either want a Apple to include a charger or add a message on the box to indicate a charger is not included.
My opinion is that it is really non of their business, if the customer is not happy they simply won’t buy Apple products.
This is just another way government bodies make money, they write a law to make millions. It’s really a concealed tax. In the end, the customer pays that fine, companies will just tag it to the price of the product. If Apple didn’t make their products expensive they would’ve been sued out of business.

The judge wants Apple to either provide a charger or compensation for not including the charger. The reasons given are whatever he came up with that sounded good to him. He could have just said that Apple should include the charger because he get up on the left side of the bed that morning instead of the right side, where left meant Apple should include a charger. Sometimes judges make defensible rational decisions. Sometimes judges make irrational decisions. They are all human after all.

There is a message on every Apple product box of what products are in the box. It usually the very first sentence in the back of the box at the top. My iPhone 12 box says:

"Includes: iPhone 12 and USB-C to Lightning Cable; power adaptor and headphones sold separately."

I bet that message is on every box everywhere iPhones are sold. Only thing different will be iPhone 12 will be replaced with the iPhone the box contains.

Brazil can decide whatever product guidelines they want to have. Apple put up a legal effort to have their way. They apparently lost at this point. It's not a big deal for them to provide a charger going forward and Apple Store credit for iPhone owners. I think they still include EarPods with iPhone purchases in France. It costs more no doubt, but they are complying with French law just as they should elsewhere.

“For the ruling in 2021, Brazilian authorities noted that removing a charger from a package was fine. However the absence had to be more clearly marked on the packaging that the device previously included a charger but no longer does.”

shabbaranksmf · October 16, 2022 3:51PM

Oh please! ߙ䦡mp;nbsp;
Apple are not getting hammered. Brazil is simply asking for a way to charge the devices Apple sells to be provided with the device. Either a bundled or free charger.

It’s all very well Apple banging on about the environment but it’s wrong the price of the devices didn’t go down despite Apple doing this somewhat bizarre moneymaking wheeze.

tht · October 16, 2022 6:22PM

shabbaranksmf said:

Brazil is simply asking for a way to charge the devices Apple sells to be provided with the device. Either a bundled or free charger.
It’s all very well Apple banging on about the environment but it’s wrong the price of the devices didn’t go down despite Apple doing this somewhat bizarre moneymaking wheeze.

Bloggerblog's post quotes: "For the ruling in 2021, Brazilian authorities noted that removing a charger from a package was fine. However the absence had to be more clearly marked on the packaging that the device previously included a charger but no longer does.”

So which is it?

Lastly, surely any company in Brazil selling their wares are allowed to price it any way they want, and change its prices any time they want. Correct?

tht · October 16, 2022 6:28PM

bloggerblog said:

tht said:

bloggerblog said:

To those who obviously haven’t read the article, they either want a Apple to include a charger or add a message on the box to indicate a charger is not included.
My opinion is that it is really non of their business, if the customer is not happy they simply won’t buy Apple products.
This is just another way government bodies make money, they write a law to make millions. It’s really a concealed tax. In the end, the customer pays that fine, companies will just tag it to the price of the product. If Apple didn’t make their products expensive they would’ve been sued out of business.

The judge wants Apple to either provide a charger or compensation for not including the charger. The reasons given are whatever he came up with that sounded good to him. He could have just said that Apple should include the charger because he get up on the left side of the bed that morning instead of the right side, where left meant Apple should include a charger. Sometimes judges make defensible rational decisions. Sometimes judges make irrational decisions. They are all human after all.

There is a message on every Apple product box of what products are in the box. It usually the very first sentence in the back of the box at the top. My iPhone 12 box says:

"Includes: iPhone 12 and USB-C to Lightning Cable; power adaptor and headphones sold separately."

I bet that message is on every box everywhere iPhones are sold. Only thing different will be iPhone 12 will be replaced with the iPhone the box contains.

Brazil can decide whatever product guidelines they want to have. Apple put up a legal effort to have their way. They apparently lost at this point. It's not a big deal for them to provide a charger going forward and Apple Store credit for iPhone owners. I think they still include EarPods with iPhone purchases in France. It costs more no doubt, but they are complying with French law just as they should elsewhere.

“For the ruling in 2021, Brazilian authorities noted that removing a charger from a package was fine. However the absence had to be more clearly marked on the packaging that the device previously included a charger but no longer does.”

Let me get this straight. The product labeling guideline is that it must state that the previous iPhone generation came with these items in the box while the new iPhone box contains these items?

Any link to this guideline? I'm curious to read a translation of it. Or perhaps an example of product's labeling as such.

lkrupp · October 17, 2022 3:49PM

What do you expect from the government of a country that is allowing the wanton destruction of the Amazon rainforest? You think they would actually consider the environmental impact of chargers?

Brazil continues hammering Apple with fines over lack of bundled charger

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