Brazil · Decision · Administrative

Consumer Protection Agency of the State of Paraná v. Danone LTDA

Issue:

An administrative decision imposing a fine on Danone due to a marketing campaign that targeted children.

Summary:

Instituto Alana submitted a complaint to the Consumer Protection Agency of the State of Paraná [PROCON-PR] (public entity with a mandate on consumer protection), arguing that DANONE was violating Brazilian law that prohibits marketing campaigns targeted at children.

Then, PROCON-PR started an administrative procedure against Danone due to advertising directed to children of the product Danoninho, through the campaigns “Mini Dinos – Powers of Nature” and “Dino Profissões [Dino Careers]”. In 2017, PROCON-PR issued an administrative decision to fine DANONE with an amount of R$ 108,778.41, based on legal regulations on advertising that targets children and on evidence on the vulnerability of the child’s biopsychosocial condition, especially when it comes to consumer relationships. DANONE submitted an administrative appeal, which was rejected by PROCON on March 26th, 2018. DANONE later paid the fine.