Apple’s Ongoing Legal Battles in Brazil Over iPhone Sales Without Chargers
Apple Inc. is once again at the center of legal scrutiny in Brazil due to its practice of selling iPhones without including power adapters. The consumer protection agency in the state of Alagoas, Procon-AL, has imposed a fine of R$101,627.50 (approximately $20,000) on the tech giant for this practice. Regulators argue that the absence of a charger places an undue burden on consumers, compelling them to purchase an essential accessory separately.
Regulatory Stance and Justifications
Procon-AL asserts that by omitting the charger, Apple violates Brazil’s Consumer Defense Code. The agency stated:
> In our assessment, we found that by shifting to the consumer the burden of having to purchase, separately, an item that is indispensable for the proper use of the product, the company violates the principles of objective good faith, transparency, and consumer vulnerability.
Initially, the fine was set at around $12,000 but was later increased to approximately $20,000. This escalation was attributed to aggravating factors under Brazilian regulations and what officials described as Apple’s lack of effort to resolve the complaint.
Historical Context of Apple’s Legal Challenges in Brazil
This recent fine is part of a series of legal challenges Apple has faced in Brazil over the same issue:
– March 2021: Apple was fined nearly $2 million by São Paulo’s consumer protection agency, Procon-SP, for selling iPhones without chargers. The agency accused Apple of misleading advertising and selling devices with factory defects. ([macrumors.com](https://www.macrumors.com/2021/03/20/apple-brazil-fine-iphone-charger/?utm_source=openai))
– September 2022: The Brazilian Ministry of Justice ordered the suspension of iPhone sales in the country due to the absence of chargers in the box. ([macrumors.com](https://www.macrumors.com/2022/10/13/apple-brazil-no-iphone-charger-fine/?utm_source=openai))
– October 2022: A São Paulo state court imposed a $19 million fine on Apple for continuing to sell iPhones without chargers, labeling the practice as an abusive practice that forces customers to buy an additional product. ([macrumors.com](https://www.macrumors.com/2022/10/13/apple-brazil-no-iphone-charger-fine/?utm_source=openai))
Apple’s Environmental Justification and Regulatory Response
Apple has consistently defended its decision to exclude chargers from iPhone packaging, citing environmental benefits. The company argues that this move reduces carbon emissions and the use of rare-earth metals. However, Brazilian authorities have challenged this justification, emphasizing consumer rights and the necessity of the charger for the device’s proper functioning.
Potential Implications and Future Outlook
Under the latest ruling, Apple’s Brazilian subsidiary has 20 days to appeal. If the appeal is denied, the fine amount will be adjusted based on Brazil’s IPCA-E inflation index. This ongoing legal battle underscores the tension between corporate environmental initiatives and consumer protection laws, highlighting the complexities multinational companies face when implementing global policies that may conflict with local regulations.
