The Supreme Court revoked the sentence issued by the Court of Valparaíso, which rejected the appeal for protection filed by a company dedicated to the commercialization of nutritional and sports food supplements, due to the publications made by the appellant in social networks that would damage its honor and the trust of consumers.
The appellant denounced the violation of her fundamental guarantees, due to publications made in social networks by the appellee that, according to her, seek to denigrate her image, question the safety of the products she sells, attribute fraud or deception to her, and incite the public to amplify the “funa”.
It requested as a precautionary measure the removal of all content published to its discredit on social networks or websites and that the appellee be ordered to refrain from carrying out similar acts in the future.

In his report, the appellant stated that, as a nutritionist, he began to create and disseminate content on the social network TikTok on “fitness” nutrition and review of products according to their nutritional labeling. He indicated that he was informed about the use, abuse and adulteration of supplements, as well as the associated risks due to poor oversight. He explained that part of its content is aimed at preventing the use of supplements of dubious origin, with the purpose of protecting public health. In this context, he arranged for a laboratory analysis of a protein advertised in a product of the appellant, the results of which, he claimed, revealed serious inconsistencies that he disclosed in his social networks. He denied having accused the appellant of committing crimes.

The Court of Valparaíso rejected the precautionary action, considering that the challenged publications and comments are not offensive or injurious to the constitutional guarantees invoked, but constitute a criticism and analysis made by the appellant in his capacity as a nutritionist, protected by the right to freedom to express opinions and to inform. Also, that the recourse for protection is not the way to limit this freedom through censorship, direct or indirect, and that the appellant may exercise other legal actions if the publications constitute crimes or abuses.

Two types of ingredients may be used in dietary supplements – “dietary ingredients” and “other ingredients.” The Federal Food, Drug, and Cosmetic Act (FD&C Act) defines a dietary ingredient as a vitamin; mineral; herb or other botanical; amino acid; dietary substance for use by man to supplement the diet by increasing the total dietary intake; or a concentrate, metabolite, constituent, extract, or combination of any dietary ingredient from the preceding categories.

Dietary supplements include such ingredients as vitamins, minerals, herbs, amino acids, and enzymes, and are typically marketed in forms such as tablets, capsules, softgels, gelcaps, powders, and liquids. Dietary supplements may also include other ingredients, such as fillers, binders, excipients, preservatives, sweeteners, and flavorings. These “other ingredients” are listed separately from dietary ingredients on the Supplement Facts label.