Issue:
Administrative decision issuing a fine against the company Bayer S.A. due to an abusive marketing campaign that targeted children.
Summary:
In 2015, Instituto Alana presented a complaint to the Consumer Protection Agency of the State of Mato Grosso [PROCON-MT]. The main argument was that Bayer S.A. promoted the product ‘Redoxitos’, which is a vitamin-supplemented flavored gummy candy, and advertised it to children. In this sense, the marketing campaign included a video game and a commercial that alluded to cartoon characters.
In 2016, PROCON-MT found that Bayer S.A. violated the Brazilian Consumer Defense Code. The decision’s legal reasoning considered the abusive marketing campaign targeting children. It also created a videogame that acted as an indirect form of marketing to children. Moreover, the PROCON-MT pointed out in the administrative decision that the campaing misled customers by claiming that the vitamin supplement had positive health effects. At last, the company labeled its product as “food” instead of a “vitamin supplement”. The, the administrative decision imposed a fine in the amount of R$1.500.000,00 (one million and five hundred thousand Brazilian reais) to Bayer.
In 2019, Bayer S.A. paid the fine that was reduced to R$ 586.822,65 (five hundred eighty six thousand and eight hundred twenty two Brazilian reais). This happened since the company benefited from a state law that granted a discount to the company.