Issue:
A public civil lawsuit [ação civil pública] against the National Health Surveillance Agency [Agência Nacional de Vigilância Sanitária (ANVISA)] due to irregularities on the labels of light and diet products .
Summary:
The Office of the Federal Prosecutor [Ministério Público Federal (MPF)] has identified irregularities regarding consumer information on labeling of light and diet products. The MPF has the institutional role to monitore collective rights in Brazil, as the right of consumers.
In this regard, the MPF filed a lawsuit requiring ANVISA to include a warning about the possible 20% variation in nutritional values. For its turn, ANVISA has the regulatory power to monitore goods and activities relevant to health. Then, the variation regarding the consumer information on labeling of food products is under the agency authority.
The Superior Court of Justice [Superior Tribunal de Justiça] ruled that consumers have the right to be informed of variations of up to 20% of the nutritional values. The legal reasoning was based on the right to information under the Consumer Defense Code [Código de Defesa do Consumidor]. Moreover, the Court decided that ANVISA must demand that food labels include a warning. The message has to inform there may be a variation up to 20% on the nutritional value.