BRAZIL Trends and Developments Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
Considering the growing discussion and concern regarding the use of AI in a variety of sectors and contexts – including advertising and marketing – bills aimed at regulating AI in Brazil are currently under discussion. These include Bill 2338/2023, which pro - poses general rules for the development, implementa - tion and use of AI systems in Brazil, and Bill 145/2024 of the Senate, which proposes altering the Consumer Defence Code ( Código de Defesa do Consumidor CDC) to regulate the use of AI tools for advertising purposes and avoid misleading advertising, amongst other things. Such bills require further discussion in the National Congress and civil society; thus, they are not expected to reach a conclusion this year. One interesting development regarding Bill 2338/2023 was the holding of a public hearing in June 2025 by the Special Committee on AI of the Chamber of Deputies, which was created to debate the Bill. The participants in the hearing included several experts and authori - ties, and there was a common theme: the urgent need to address the challenges posed by AI. Regarding other regulation and self-regulation initia - tives, it is worth highlighting the following. • In August 2023, CONAR took on its first prominent case involving AI – a complaint against an adver - tising campaign by Volkswagen that featured an AI-generated likeness of the famous singer Elis Regina, who died in the 1980s, singing a song with her daughter. CONAR concluded that there was no obligation to include information to clarify that the content of the advertisement had been generated by AI, considering the use of AI to be self-evident in this case; thus, it closed such proceeding with - out penalties. • In 2024 and 2025, CONAR heard several cases involving AI, particularly regarding the fraudulent use of deepfakes and misleading advertising. • Ads using stereotypical AI-generated images (which reinforced ableism) or that could generate social washing were rejected. • CONAR also heard cases involving programmatic advertising failures, where ads were targeted at an audience over 18 years of age, and cases of restricted advertising where AI failed in its target - ing.
• Finally, CONAR reviewed cases involving inaccu - rate or potentially misleading ads based on AI- generated images. Advertisement of ultra-processed foods and high in fat, salt and sugar (HFSS) foods The advertisement of ultra-processed and HFSS foods is facing more restrictions from various authori - ties in Brazil, including in the context of advertising to children – especially in digital spaces. It is worth mentioning that Brazilian legislation already specifically regulates claims on food labels. Resolu - tion of the Collegiate Board ( Resolução da Diretoria Colegiada RDC) 429/20 and the associated Normative Instruction ( Instrução Normativa IN) 75/20 introduced new rules for front-of-package (FOP) nutritional label - ling of packaged foods, and for nutritional claims. It is currently mandatory to adopt FOP labelling for foods with high added sugar (notably, the term “added” was included to signal that the obligation to commu - nicate high sugar content is only applicable when it specifically concerns “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 communicating the high contents of such nutri - ents. The insertion of such image into the upper part of the front of the packaging is mandatory (Annexes XVII and XVIII of IN 75/20). In December 2023, the federal government pub - lished Decree 11.821/2023, which provides princi - ples, objectives, strategic axes and guidelines to promote actions leading to adequate and healthy diets in schools throughout the country. Amongst the guidelines set forth in the Decree is the need for pro - tection against exposure – in the school environment – to ultra-processed foods, preparations and bever - ages with high levels of calories, saturated fat or trans fat, added sugar, sodium or sweeteners, and to other foods that do not comply with the provisions of the Food Guide for the Brazilian Population and the Food Guide for Brazilian Children Under Two Years Old of the Ministry of Health. Such guidelines reflect the con - cerns raised about ultra-processed foods and HFSS foods, including children’s exposure thereto.
27 CHAMBERS.COM
Powered by FlippingBook