Court of Justice of Minas Gerais Orders Manufacturer to Compensate Consumer R$ 5 Thousand After Foreign Object Found in Sealed Bottle
According to a decision from the 18th Civil Chamber of TJMG, a consumer from Minas Gerais will be compensated R$ 5 thousand because he found a foreign object inside a Coca-Cola bottle. The decision was published this Friday (26/9).
In October 2016, the man bought a pack of 12 glass bottles. When he opened one of them, he noticed the presence of an organic material inside the packaging.
The case was taken to Procon, which advised the consumer to contact the Sanitary Surveillance.
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The inspection found that the bottle was sealed, showed no signs of tampering, and still contained a foreign object.
The report was used to support the lawsuit against the manufacturer of the soft drink.
Company’s Arguments
The company claimed that the bottle did not leave the factory with the foreign material. It also argued that the consumer did not prove any flaws in the production process or any health risk.
Additionally, it emphasized that the beverage was never actually consumed. Therefore, according to the defense, it would not be possible to discuss moral damages.
Judicial Turnaround and Compensation
At the first instance, the 2nd Civil Court of Itajubá accepted the manufacturer’s arguments and denied the consumer’s request.
However, he appealed, and the appeal was accepted. The 18th Civil Chamber of TJMG overturned the previous decision because it understood that the situation was sufficient to characterize moral distress.
Thus, the court ordered the payment of R$ 5 thousand in compensation to the consumer, holding the company responsible for the incident.
With information from O Tempo.

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