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New regulation is approved on price information per unit of measurement of products in Chile
December 18, 2024


After the public consultation carried out by the Ministry of Economy between October and November 2023, on December 10th, 2024, the regulation on information on the price per unit of measurement of products offered to the consumer was published in the Official Gazette (the “Regulation”), which replaces Decree No. 229 of 2002 to improve the quality of the information provided to the consumer regarding the price of products allowing them to compare products and promote transparency in the act of consumption.

This Regulation establishes the obligation of sellers (whether in person in physical establishments or through an e-commerce platform) and operators of e-commerce platforms, to inform the Price per Unit of Measurement ("PPUM"), together with the sale price of each of the products they offer, indicating the quantity to whose magnitude they correspond.

Below, we highlight the most relevant aspects of the regulation:

Scope of application

This Regulation applies to products of domestic manufacture and of foreign origin offered in Chile, whether these are marketed by the seller in person or through e-commerce platforms, electronic media or other forms of distance communication.

Sellers who qualify as microenterprises (whose annual income from sales, services and other business activities is less than 2,400 UFs in the last calendar year) are exempt from its application.

Duty to inform the PPUM

The PPUM must be informed for:

  1. all products whose packaging or wrapper indicates a specific unit of measurement, and
  2. products made up of units or pieces of identical nature that are marketed in the same packaging.

Duty to inform the same unit of measurement

For each type of product, the same unit of measurement must be used, to allow comparison of PPUM of the products offered to consumers.

However, for a certain category of products, pre-established units of measurement and the PPUM must be reported according to the following list:

  • Cosmetic products, per 100 grams or 100 milliliters.
  • Herbs and spices, per 10 grams.
  • Aromatic essences and food coloring, per 10 milliliters.
  • Sauce and broth powder, per 10 grams.
  • Products supplied in rolls, such as toilet paper, per meter.
  • Hygiene and/or personal care products supplied in packages with identical units, such as diapers, per unit.
  • Products supplied in packages of 51 or more units, per 100 units.
  • Eggs packaged per unit.

Exceptions

Without prejudice to the obligation established in the Regulation, it will not be mandatory to report the PPUM in the following products:

  • Products composed of units of different nature that are sold in the same container.
  • Products marketed in quantities of less than 50 grams or milliliters, with the exception of the products previously mentioned (in section III).
  • Products supplied on the occasion of the provision of a service.
  • Products sold at public auction.
  • Works of art or antiques.
  • Products marketed through vending, dispenser or automatic sales machines.
  • Unpackaged products sold in portions (for example, individual portions of ice cream or cakes).
  • Products subject to sectorial regulations that are specific to price information (for example, medicines).
  • Meals and prepared dishes for immediate consumption offered in in-person cafeterias or restaurants or through electronic commerce platforms.

Characteristics of the obligation to inform

The Regulation establishes that:

  1. Whenever the sales price is reported, it must be indicated along with the PPUM. This obligation will materialize in the in-person sales establishments or in the respective electronic commerce platform.
  2. Before formalizing or perfecting the act of consumption, both the sale price and the PPUM must be indicated unequivocally, easily identifiable and legible, and placed in the same visual field of the consumer.
  3. The PPUM must be expressed in legal tender (peso) in a text that indicates “$[price] per [unit of measure]”.
  4. Regarding the height of the alphanumeric characters that make up the PPUM, the Regulation distinguishes: (i) with respect to products marketed in person, it may not be less than fifty percent of the height of the characters used to inform the price of sale of the product and, in any case, said height may not be less than half a centimeter; (ii) in products marketed through platforms, it will be sufficient that the characters that make up the PPUM are not less than fifty percent of the height of the characters used in the sales price of the product

Sanctions and supervision:

Non-compliance of the Regulation could be sanctioned in accordance with the provisions of article 24 of the CPA (that is, with the application of a fine of up to 300 Monthly Tax Units).

The National Consumer Service (“SERNAC”) will ensure compliance with the provisions of this Regulation, in accordance with its powers and attributions.

Entry into force

The Regulation will enter into force nine months after its publication, that is, on September 11th, 2025.

However, for sellers who qualify as small businesses (whose annual income from sales, services and other business activities is greater than 2,400 UFs, but does not exceed 25,000 UFs in the last calendar year) the provisions will enter into force after 12 months from their publication, that is, December 11th, 2025.

The full text of the Regulation is available at the following link.



AUTHORS: Aldo Molinari, Mónica Pérez, Kureusa Hara, Eduardo Reveco.



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