BRAZIL Law and Practice Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
means that the CDC could also be applied to adver - tisements in the crypto-asset market. 9.2 Metaverse As yet, there are no special laws or regulations in Brazil on advertising within the metaverse. However, there is some general legislation that must be adhered to con - cerning several aspects of the metaverse, especially Law 13,709/2018 (the LGPD); this law is relevant to the metaverse considering the possibility of the collection of personal data from users. In addition, Law 12,965/2014 (the Internet Civil Framework) provides for the freedom of expression of users, the right to privacy and net - work neutrality. A bill before the National Congress (Bill 2,175/2023) providing for a regulatory framework for the metaverse is still in early-stage discussions. In practice, CONAR has been applying the same principles as in the CBAP, namely the transparency of information and non-abusiveness of the message. CONAR has ruled on cases involving advergames in the metaverse mainly directed towards children, requiring such games to be modified because of an excessive appeal to consumption. A distinction is made between drinks with a high alco - hol content (>13 Gay-Lussac (°GL); eg, spirits, vodka, gin, whiskey and rum) and drinks with a low alcohol content (≤13°GL; eg, beers, wines and ices). Drinks with low alcohol content Products under Exhibit P (beers and wines) and Exhibit T (ices and similar beverages) of the CBAP are subject to Brazilian self-regulation. CONAR regulates the adver - tising of these products, establishing the need to include a warning clause (eg, pertaining to avoiding excess con - sumption and the prohibition of use for those under 18), ensure the protection of children and adolescents, and follow the principle of responsible consumption. Drinks with high alcohol content The basic obligations for high-alcohol-content drinks are the same as those for low-alcohol-content drinks, 10. Product Compliance 10.1 Regulated Products Alcohol
albeit with additional restrictions on the former pro - vided for in Law 9,294/1996 (the “Murad Law”), which sets forth restrictions on the broadcasting hours of advertisements thereof (prohibited between 6am and 9pm). Exhibit A of the CBAP reinforces and comple - ments the restrictions provided for in the Murad Law. Tobacco The Murad Law prohibits the advertising of cigarettes, cigarillos, cigars, pipes or any other smoking prod - ucts, regardless of whether they are derived from tobacco, with the sole exception of the display of said products in sales outlets if accompanied by the previ - ously established warning clauses (Article 3). Exhibit J of the CBAP reinforces the restrictions provided by the Murad Law. Vaping/Electronic Smoking Devices The commercialisation, manufacture and advertising of these devices are prohibited by the Brazilian Health Regulatory Agency ( Agência Nacional de Vigilância Sanitária (ANVISA)). Nevertheless, the regulation of electronic smoking devices (“vapes”) is a hot topic in Brazil and has been widely discussed since the presen - tation of Bill 5,008/2023, which intends to authorise the consumption, production, commercialisation, export and import of these devices as well as to regulate the control, inspection and advertising of vapes. Cannabis ANVISA RDC 327/2019 prohibits any advertising of cannabis products. The display for sale in Brazil of such products, such as via advertisements on internet sites, is also prohibited. Drugs RDC 96/2008 of ANVISA regulates advertising and other practices for which the objective is the dis - semination or commercial promotion of medicines. The resolution establishes that only the advertising of medicines regulated by ANVISA under the terms of Law 6,360/1976 is permitted (Article 3). For the gen - eral public, advertising is only permitted for over-the- counter (OTC) drugs. Medicines that require a medi - cal prescription can only be advertised to healthcare professionals (doctors/dentists or pharmacists).
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