BRAZIL Law and Practice Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
Self-regulation also brings specific rules for the adver - tising of medicines, provided for in Exhibit I (OTC
there is no interference in the practice of breastfeeding, subject to penalties under Law 6347/77 and the CDC. 10.2 Product Placement The insertion of a product or brand in entertainment content (product placement) is a permitted advertis - ing practice in Brazil if it is made clear – whether at the beginning or end of the transmission, videoclip or game – that the content constitutes advertising. 10.3 Other Products Betting Law 14,790/2023 (the new sports betting law) regulates sports betting advertising and the taxation of such bets. Self-regulation also has specific rules (Exhibit X in the CBAP). In September 2025, CONAR and the SPA of the Ministry of Finance signed a co-operation agreement to strengthen oversight and promote greater responsibil - ity in respect of advertising campaigns for fixed-odds betting and commercial promotions. Furthermore, the recently approved Digital ECA imposed an obligation on platforms to prevent and mitigate access to – and exposure of – children and adolescents to advertising, promotions and marketing for gambling/betting by removing such content (Article 6, Part IV and Article 22, Section 1 of the Digital ECA). Crop Protection Products The advertising of crop protection products (agricul - tural pesticides) must be restricted to programmes and publications aimed at farmers and livestock breeders, and must include a full explanation of their application, use precautions and consumption – and, whenever necessary, warnings about any harm resulting from their use (Article 220, Section 4º of the Brazilian Fed - eral Constitution, Law 9294/96 and Decree 2018/96). Self-regulation also has specific rules, provided for in the CBAP (Exhibit R). Medical Doctors, Hospital Services and Treatments In 2023, the National Council of Medicine updated the rules on medical advertising through Conselho Fed‑ eral de Medicina (CFM) Resolution 2,336/23, address - ing the limits on advertising – especially in relation to social networks. Self-regulation also has specific rules (Exhibit G in the CBAP).
pharmaceutical products) of the CBAP. Food With Functional Property Claims
Under Decree-Law 986/69, Resolutions 18/99 and 19/99, and RDC 727/22 of ANVISA, a food can be considered to possess a functional property if it has a metabolic or physiological role, whether nutrient- or non-nutrient-related, in the growth, development, maintenance and other normal functions of the human body (eg, foods containing probiotics; prebiotics; die - tary fibres or oligosaccharides; antioxidants; vitamins A (carotenoids), C (ascorbic acid) or E (tocopherol); flavonoids; phenolic acids; or fatty acids including omega 3, omega 6 and conjugated linoleic acid). Functional claims for these foods can only be made if they have already been authorised by ANVISA, and only in exactly the same terms. If the supplier wishes to communicate about functional properties that are not already approved, they must request pre-author - isation from ANVISA. Vitamin and Mineral Supplements Brazilian health surveillance legislation regulates advertising claims for vitamin and mineral supple - ments, which must be fully recognised and author - ised in advance by ANVISA ( Secretaria de Vigilância em Saúde/Ministério da Saúde (SVS/MS) pursuant to RDC 243/2018 (which revoked Ordinance 32/1998). Medical Devices Advertising of medical devices may be carried out, with restrictions, under the terms of RDC 751/2022 of ANVISA. Products for Early Childhood The Brazilian Standard for the Marketing of Food for Infants and Toddlers, Nipples, Pacifiers and Bottles ( Norma Brasileira de Comercialização de Alimentos para Lactentes e Crianças de Primeira Infância, Bicos, Chupetas e Mamadeiras NBCAL) is a set of standards that regulates the commercial promotion and labelling of foods and products intended for newborns, infants and children up to three years of age. Its objective is to ensure the appropriate use of these products so that
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