brazilian regulator seizes iphones from retail stores for not including chargers in box

Apple can continue selling iPhones in Brazil for now. Photo: Leander Kahney/Cult of Mac

Brazilian authorities seized “hundreds of iPhones” across retail stores in the country on November 11. The phones were confiscated because Apple was selling them without a bundled power adapter.

Apple has already been granted an injunction against the seizure by a Brazilian court. So, the company can continue selling iPhones until Brazil’s regulatory body takes a final decision.

Apple granted an injunction to continue selling iPhones in Brazil

Apple confirmed to Tecnoblog that sales of iPhones had resumed in Brazil. PROCON authorities, Brazil’s consumer protection agency, seized the phones across carriers and authorized Apple stores in the country’s capital, Brasília. They confiscated all iPhones sold without a power brick, starting from the iPhone 11 to the latest iPhone 14.

The judge that granted Apple an injunction believes the company is not violating any rules. In his ruling, judge Diego Câmara Alves claims that Brazilian’s regulatory body is abusing its power and violating the “freedom in the exercise of economic activity” by trying to ban the sale of iPhones.

He pointed out that hundreds of other electronic devices are sold in the country without a charger. So targeting Apple for this behavior alone is discriminatory.

Not the first time Apple has landed in trouble with Brazil’s regulatory body

In September this year, Brazil’s Justice Ministry ordered Apple to stop selling iPhones without a bundled power adapter. It also fined Apple R$12.85 million (US$2.35 million) for this “deliberate discriminatory practice against consumers.”

Then, in October, the state court in Sao Paulo fined Apple another R$ 100 million ($19 million) for its discriminatory behavior. The ruling required Apple to provide chargers to all customers who purchased an iPhone in Brazil after October 13, 2020.

Apple will likely have more trouble with Brazil’s regulatory body in the future until a court takes a final decision on this matter.

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