While Apple will likely consider any fines levied against it as insignificant, its proprietary charging technology faces other challenges elsewhere
Apple accused of selling consumers an incomplete product: On 6 September 2022, the Brazilian Government announced that it had suspended local sales of iPhones that do not come with a charger. In addition, the Ministry of Justice and Public Security also ordered Apple to pay a fine of BRL12,275,500 (close to $2.4m) and cancelled the iPhone 12’s registration with Anatel, Brazil’s telecoms regulator. Apple removed the charger and earbuds from the box in 2020 when the iPhone 12 hit the market. According to Senacon (Brazil’s National Consumer Secretariat, which opened the investigation), this practice means Apple sells an “incomplete product”.
Brazil’s smartphone market has seen a number of legal battles: Senacon has also argued that the lack of a charger places a burden on the consumer and presents them with an additional cost by forcing them to purchase a second product. In its defence, Apple claimed that its decision was based on environmental reasons (e.g. reducing the raw materials used per iPhone and the size of the devices’ boxes) and intended to encourage sustainable consumption of charging equipment. It has said it would appeal the order, stating that it had already won several court rulings in Brazil on this matter. However, some regional courts have imposed fines on Apple for selling their devices without a charger. In São Paulo, the consumer protection agency levied a BRL10.5m (over $2m) fine in March 2021, considering the practice “misleading”.
EU aims to pull the plug on consumer frustration and e-waste: Apple will likely see the fines imposed in Brazil as frustrating yet inconsequential given its substantial turnover in the country. Elsewhere, however, policymakers are seeking to drive circularity in technology, which means Apple faces a challenge to its proprietary ‘Lightning’ charger. In the EU, the European Parliament and Member States have reached a deal on common charger rules, which will see USB-C become the standard port for wired charging for many electronics sold across the internal market. Each year the agreement is predicted to save consumers €250m, cut e-waste by 1,000 tonnes and reduce indirect carbon emissions by 180ktCO2. As Apple has already added USB-C ports to its laptops, it should be well-equipped to adapt the rest of its product portfolio by the late 2024 deadline.
Source: https://www.gov.br/mj/pt-br/assuntos/noticias/suspensa-a-venda-de-iphones-sem-carregador-no-brasil
