Consumer′s National Office Issues Technical Note Concerning Advertising Of Food Aimed To Children In The School Environment

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Trench Rossi Watanabe Advogados

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Trench Rossi Watanabe Advogados
Based on different scientific studies, DPDC states that the advertising market takes advantage of ignorance, poor judgment, lack of experience and vulnerability of children...
Brazil Corporate/Commercial Law
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In May 2016, the Federal Consumer Protection and Defense Department (DPDC) – federal authority competent to issue positioning concerning matters of national repercussion that affects consumer relations – published the Technical Note No. 3/2016/CGEMM/DPD/SENACON, in which it analyzes abusive advertisement of products and services targeted to children in the school environment, as well as abusive offer and advertisement of "ultra-processed" food, beverages with low nutritional value and food with high fat content, oil and sugar.

Based on different scientific studies, DPDC states that the advertising market takes advantage of ignorance, poor judgment, lack of experience and vulnerability of children, specially regarding the characteristics and risks that may be brought by the consumption of products, in order to persuade and reach children directly and also to influence them as a future market.

In the discussion, the agency understands that companies frequently adopt commercial strategies of advertising products and services to children taking advantage of the confidence put by children and their parents in the school environment and their educators, which represent an abusive practice established on the Consumer Defense Code (Law No. 8,078/1990). With regard the quality of industrialized food, the Technical Note mentions the increased risk of development of diseases related with the exacerbated consumption, such as obesity, cancer, among others.

Finally, DPDC concludes that advertisement to children shall be banished in the school environment and suggests sending the Technical Note to all agencies of the  National System of Consumer Defense, recommending the agencies to take action, by monitoring and controlling advertisement of food products aimed to children.

The Technical Note No. 3/2016/CGEMM/DPD/SENACON may be accessed at: http://www.justica.gov.br/seus-direitos/consumidor/notas-tecnicas/anexos/nt-003-2016.pdf

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Consumer′s National Office Issues Technical Note Concerning Advertising Of Food Aimed To Children In The School Environment

Brazil Corporate/Commercial Law

Contributor

Trench Rossi Watanabe Advogados
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