STJ recognizes responsibility of apparent supplier of defective product

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The supplier that uses an internationally recognized brand is liable in the event of a defective product, even if it is not the manufacturer. The decision was made by the 4th Panel of the Superior Court of Justice when applying the theory of appearance to the case. According to the board, as the supplier uses the trust of the globally recognized brand, he must also be responsible for the goods released on the market. "The supplier who appears to benefit from the advantages of using an internationally recognized brand cannot exempt himself from the burden arising therefrom, in consideration of the risk theory of the activity adopted by the Consumer Protection Code.

In this way, the joint and several liability of the apparent Iran Telegram Number Data supplier to bear the damage caused by goods sold under the same identification", stated the rapporteur, Marco Buzzi. The case analyzed involves a notebook supplied by Semp Toshiba Informática and manufactured by Toshiba. After the product failed, the consumer had his files deleted from the computer. Therefore, he filed a claim for compensation. In its defense, Semp Toshiba claimed that there is no legal provision to hold it responsible for damages caused due to a defect in a product that it did not manufacture, import or place on the market.



He also stated that it cannot be confused with the company Toshiba Internacional. When judging the appeal, however, the 4th Panel of the STJ upheld the ruling that condemned the company. According to the board, even though it did not participate in the manufacturing process, the company presents itself as such by having a common name, assuming the position of real manufacturer of the product before the consumer. In the present case, the appellant company must be characterized as an apparent supplier for the purposes of civil liability for damages caused by the commercialization of the defective product bearing the Toshiba brand.