Apple appeals and wants to keep sales of iPhones without a charger in the box

After the Ministry of Justice’s decision to immediately suspend the sale of iPhones without a charger last Tuesday, September 6, Apple informed that it will appeal the decision, since, according to the company, “our customers are aware of the several options for charging and connecting your devices” and that the manufacturer has already won “several court rulings in Brazil on this matter”.

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In a press release (available in full below), Apple stresses that “power adapters accounted for our biggest use of zinc and plastic” and removing it from the box “helped reduce more than 2 million metric tons of carbon emissions.” .

Apple stopped providing charger with iPhone 12, model launched in 2020 (Image: Reproduction / Apple)

On the opposite side, the lawsuit filed by Senacon (National Consumer Secretariat) highlights that “the arguments presented [pela Apple] were not enough”, since the company’s decision to sell the devices without a charger ended up “transferring the entire burden to the consumer”.

Also according to the agency, even after fines were imposed by Procons in various locations across the country, Apple has not taken steps to minimize damage and continues to sell devices without chargers, noting that other manufacturers have been notified and have presented solutions.

One of them is Samsung, which gives users the option to redeem the charger for free, in addition to having confirmed this week that the new Galaxy Z Fold 4 and Z Flip 4 arrive in the country with a charger in the box.

understand the infractions

Apple appeals and wants to keep sales of iPhones without
Among the infractions considered by Senacon is the “tie sale”, since the operation of the product depends on its charger (Photo: Victor Carvalho/Canaltech)

Senacon and the Ministry of Justice report that the decision to suspend the sale of iPhones without a charger has four reasons in particular. Are they:

tying sale: considered “essential for the operation of the phone”, the practice of selling iPhone without a charger is considered a tying for “dissimulation”, since, indirectly, it forces the consumer to purchase a second product. In this case, the charger.

Sale of incomplete product or stripped of essential functionality: the sale of the product without a charger is sufficient for it to be considered “inappropriate or inappropriate for the consumption for which it is intended or that reduces its value”, according to the Consumer Protection Code.

Refusal to sell the complete product through discrimination against the consumer: in Senacon’s view, Apple considers a small portion of loyal users that do not need that equipment, since this tiny portion can use the charger of a previously purchased model. This is a factor of discrimination because “the consumer’s monthly income does not always correspond to the goods he purchases”, since, especially in Brazil, installment plans and installments are common forms of purchase and sale.

Transfer of responsibilities to third parties: finally, Senacon states that the removal of the charger generates two types of transfer of responsibility: “transfer of responsibility for supplying the charger and transfer of responsibility to the Brazilian State and its exchange rate policy”, since even though they are sold without a charger in the cash, the prices of the devices did not decrease because of this. “Therefore, it is understood that the price is mainly determined by commercial strategy rather than having to correspond with production costs.”

Apple press release

“At Apple, we consider our impact on people and the planet in everything we do. Power adapters accounted for our biggest use of zinc and plastic, and taking them out of the box helped reduce more than 2 million metric tons of carbon emissions — the equivalent of taking 500,000 cars off the road a year. There are billions of USB-A power adapters already in use around the world that our customers can use to charge and connect their devices. We have already won several court rulings in Brazil on this matter and We are confident that our customers are aware of the various options for charging and connecting their devices. We will continue to work with Senacon to resolve their concerns and we plan to appeal this decision.”

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