Joint liability of influencers

Abstract

It proposes a legislative amendment to Article 40 of the Consumer Protection Law No. 24,240 to explicitly include influencers with strict and joint liability. Article 40. If consumer harm results from a defect or risk associated with the product or the provision of the service, liability shall extend to the producer, manufacturer, importer, distributor, supplier, influencer, seller, and anyone who has placed their brand on the product or service. The carrier shall be liable for any damage caused to the product arising from or during the service. Liability is joint and several, without prejudice to the right to seek recourse from others. Only those who can demonstrate that the cause of the damage was beyond their control may be released from liability, in whole or in part.