The website of CV-Trading does not show the can of mackerel that is questioned by Orizon. (Photo: FIS)

Alleged unfair competition complaint unleashes legal battle in cannery market

CHILE
Friday, September 21, 2018, 23:30 (GMT + 9)

Orizon -- one of the fishing subsidiaries of the Angelini group -- filed a lawsuit for unfair competition against CV Trading, a company belonging to Bruzzone family, which markets multiple categories of food products, La Tercera reported.

The two companies sell the same types of products of fishing origin in Chile, such as canned jack mackerel. Orizon does so through "San José" brand, which it owns, while CV Trading does it under "Coliseo" brand.

Orizon argues that the product that CV Trading markets in the Chilean market as mackerel would actually be jack mackerel, which is a distinct fishery species.

To endorse its position in court, Orizon presented the result of a technical report commissioned to 5M Laboratory, which is dedicated to the analysis, inspection and certification of fishery products, among others.

"The physical-organoleptic evaluation of the product known as jack mackerel, tagged with Coliseum brand, gives us the certainty that the content found in the cans does not correspond to the species known in our country as jack mackerel, scientifically named Trachurus murphyi", concludes the report quoted.

Orizon points out that CV Trading, through its Coliseo brand, "has commercialized and is marketing the product Mackerel in cans in the national market under the name Jack Mackerel, that is to say, in simple words, is selling Mackerel as Jack Mackerel, misleading consumers and affecting other competitors in the field as my represented party".

"The previous thing is similar to the well-known expression of common use to sell a pig in a poke, which is used for those cases in which a product is sold or a service is offered in a different way from the agreed one, taking advantage, in this case, of the fame and valuation of another product or service", finished the demand.

According to the claim, the personnel that was in charge of the preparation of the report has more than 15 years of experience in the evaluation of export fishery products, having worked in the fishing industry and also in authorized bromatological laboratories and that provide services within the framework of the Fisheries Health Program of the National Fisheries Service of Chile.

The products associated with the Coliseo brand, including jack mackerel, are marketed mainly, nationally and regionally, in the supermarkets Unimarc, Wholesale 10, Alvi, La Oferta, La Caserta, La Fama, Romanini Gainza, Melipilla, in the distributors Rabie and Adelco, warehouses and also through virtual e-commerce platforms.

Orizon asked the court to order CV Trading to put an end to the marketing of the so-called "Coliseo" jack mackerel. It also claims "the removal of its effects, through the publication of the conviction or a rectification at the expense of the author or other suitable means" and "compensation for damages."

However, the fishery did not quantify the amounts that the action that could come in a second instance after the unfair competition trial would imply.
Last Friday, the court accepted the proceeding and cited a person appearing on the fifth business day after notification.

For its part, CV Trading was surprised by the legal action, and ensures that its sold products have all kinds of certification of origin. It clarified that the jack mackerel they are selling comes from China and they keep the current documentation that accounts for the authenticity of the species they sell as canned products.

"In many countries mackerel is more expensive than jack mackerel. That's the weirdness of the presentation. In the international market it varies, but the concrete thing is that it could be more expensive. We are very calm about it. Beyond the bad time, it is quite clear to us," said Cristóbal Viñes, a lawyer for the company.

"We have documents that are much more powerful than any paid report. No matter how respectable the laboratory is. It is not a good or bad laboratory. It is not a laboratory that you know. In addition, we always do internal tests. The Chinese and Chilean health authorities ratify our position," he added.


Source: La Tercera

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