Brazil · Decision · Judicial

Brazilian Industry Association of Cookies, Pasta, Breads and Cakes Industrialized (ABIMAPI) v. National Health Surveillance Agency (ANVISA)

Issue:

Whether ANVISA had the competence to issue Resolution (RDC) no. 24/2010, which regulates the advertising of food and beverages with low nutritional value.

Summary:

In 2011, the Brazilian Industry Association of Cookies, Pasta, Breads and Cakes Industrialized (ABIMAPI) filed a lawsuit against ANVISA, claiming it lacked competence to issue Resolution (RDC) no. 24/2010, which regulates the advertising of food and beverages with low nutritional value.

In the first instance decision, the court ruled in favor of ABIMAPI and declared the ineffectiveness of RDC 24/2010 vis-a-vis ABIMAPI’s associates. ANVISA appealed against the decision claiming its comeptence to regulate the matter based on the law that created the agency (Law no. 9.782/1999).

In this decision, the Chamber of Appeal of the Federal Regional Court of the First Region [6ª Turma do Tribunal Federal Regional da Primeira Região] decided in favor of ANVISA, reaffirming its competence to regulate food and beverage’s advertising. In addition, it emphasized that the resolution does not limit the right to publicity and advertisement, nor does it impose restrictions on private initiative. Instead, it safeguards consumers, providing them with essential information to cultivate healthier eating habits, aiming to achieve everyone’s right to health.