BRAZIL Law and Practice Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
The World Federation of Advertisers (WFA) Global Guidance on Environmental Claims, translated and published in 2022 by the Brazilian Association of Advertisers (ABA), highlights important concepts and parameters applicable to environmental claims. 2.7 Disclosures An advertisement must be clearly identified as such, regardless of its type or the broadcasting medium (Article 28 of the CBAP). When the advertisement’s nature is not evident due to the context, it is necessary to include disclosures. The CBAP states that an advertisement in newsprint, article, news, text caption or any other form published upon payment of a given amount shall be properly distinguished from editorial content (Article 30). With respect to social media, where it is difficult to distinguish advertisements from editorial content, written disclosure is strongly recommended through the appropriate means provided by the platforms, and also by the user through the use of hashtags (#adver - tising, #paid partnership, etc) – before the “more” but - ton. 2.8 Other Regulated Claims HFSS Food Labelling Brazilian legislation regulates claims on food label - ling in a specific manner. Collegiate Board Resolu - tion ( Resolução da Diretoria Colegiada (RDC)) 429/20 and Normative Instruction ( Instrução Normativa (IN)) 75/20 introduced new rules for the front-of-package (FOP) nutritional labelling of packaged foods, and for nutritional claims. It is currently mandatory to adopt FOP labelling for foods that have high added sugar, saturated fat and sodium contents, in accordance with the criteria established in Article 18, et seq, of RDC 429/20 and Annex XV of IN 75/20, through the use of a specific image to communicate high content
“zero”, etc), and when making comparative nutritional claims, etc. The health surveillance legislation also contains principles-based rules, established mainly in RDC 727/22, which restrict communication regarding food additives, in addition to other communications that, although not expressly regulated, can be monitored by health surveillance bodies and/or consumer pro - tection agencies in terms of veracity and the possibil - ity of misleading consumers regarding the real nature, composition, origin, type, quality, quantity, validity, food yield/portions or uses of a food. Geographical Origin Geographical origin-related restrictions are estab - lished by RDC 727/22, and by the Industrial Property Law (Law 9,279/1995). Claims With Health Appeal Although Brazil does not have specific regulations for generic claims, there are several restrictions pertain - ing to the correctness and veracity of the expression of such claims, as the authorities understand that generic claims lacking support are liable to mislead consumers. Regarding food for which functional properties are claimed, please see 9.1 Regulated Products . Regard - ing environmental claims, please see 2.6 Environmen- tal Claims . 3. Limitations and Special Laws 3.1 Representation and Stereotypes in Advertising There are no specific rules in Brazil addressing ste - reotypes, inclusion, diversity and equity in advertising. However, the Brazilian Federal Constitution (Article 5) and the CDC (Law 8,078/1990, Article 37, Section 2) prohibit any type of discrimination. In the same vein, CONAR provides that no advertise - ment shall encourage or stimulate any type of offence related to racial, social, political, religious or national discrimination (Articles 20 and 37 (1)(b)), and that advertisements shall be created within the scope of
of such nutrients. Nutritional Claims
The criteria defined in legislation (RDC 429/20 and Annexes XIX–XXI of IN 75/20) must be adhered to when communicating about high or low nutrient con - tent and/or energy (“source”, “rich in”, “high content”, “low”, “very low”, “does not contain”, “no added”,
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