The Brazilian Justice Ministry, however, contests that the product is now not as advertised. It has fined Apple $2.38 million and ordered the cancellation of the sale of the iPhone 12 and newer models.
The ruling, which was published in the Official Journal of
the Union, the country's official gazette, also instructed the company to
suspend the sale of any Apple smartphone, 'regardless of model or generation,
unaccompanied by the battery charger.'
The ministry argued that the iPhone was lacking an essential
component in a 'deliberate discriminatory practice against consumers.'
Apple did not immediately respond to a request for comment.
Apples move to eliminate the accessories was applauded by
environmentalists.
'This could not only help to reduce waste but also would
prevent upstream environmental impacts linked to the extraction of primary raw
materials, manufacturing and distribution of products,' Teresa Domenech of
University College London's Institute for Sustainable Resources told CNBC.
The company argued that the phones do come with a lightning
cable that functions with adapters that are sold by other mobile phone
accessory makers.
However, Brazilian authorities rejected the argument,
indicating there is no evidence of environmental protection from selling the
smartphone without a charger.
The ruling comes a day before Apple launches its newest
iPhone model.
The company is scheduled to launch the iPhone 14, its latest
version of the Apple Watch and a new headphone during an event at the Steve Jobs
Theater in Cupertino, California on September 7.
In June, the European Union announced that USB-C chargers
would be required for all smartphones and handheld devices sold in all 27
member states by 2014.
The ruling meant that Apple would be require to change the
charging port on its iPhones.
In April, a Brazilian judge ordered Apple to pay a customer
$1,081 because the company had failed to include a battery charger after
purchasing an iPhone.
Currently, iPhones use Apple's proprietary power connector
technology 'Lightning', while Android-based devices use USB-C connectors.
The EU wants a uniform charging cord for smartphones and
other devices to reduce electronic waste, but Apple argues this would limit
innovation and hurt consumers. The union estimates that discarded or unused
chargers account for 11,000 metric tons of e-waste in Europe every year.
Judge Vanderlei Caires Pinheiro, of the Goiânia 6th Special
Civil Court, opined that Apple forced into a tie-in sale and 'obliges the
consumer to purchase a second product of its exclusive manufacture which
without the main product does not serve the purpose for which it is
manufactured (and) intended.'
Apple is thought to have sold 190 million iPhones worldwide
since the move. Total gains from removing chargers and earphones, plus reduced
shipping costs, could be as high as $6.5 billion, with an additional estimated
$293 million from the sale of accessories.
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