Issue:
A challenge by civil society against ANVISA's Regulation No. 819 of 2023, which postponed the implementation of front-of-pack warning labels in Brazil.
Summary:
In 2023, the Instituto de Defesa do Consumidor (IDEC) challenged Resolution No. 819 of 2023 issued by the National Health Surveillance Agency [Agência Nacional de Vigilância Sanitária, ANVISA]. The resolution postponed the implementation of front-of-pack warning labels (in Portuguese, “lupa frontal”) and new nutritional information for prepackaged foods (in Portuguese, “tabela de informação nutritional”), previously adopted by ANVISA (Resolution No. 429 of 2020 and Normative Instruction No. 75 of 2020). According to the plaintiff, the new regulation is based only on industry requests and commercial interests in delaying the public policy, without being justified by technical data and social participation.
The proceedings are still ongoing.
In February 2024, the judge issued precautionary measures. It ordered the immediate suspension of Resolution No. 819 of 2023. Moreover, it ordered ANVISA to refrain from adopting measures that directly or indirectly authorize non-compliance with the implementation deadlines of Resolution No. 429 of 2020 and Normative Instruction No. 75 of 2020. Finally, it ordered food and beverage companies to adopt new packaging with front-of-pack labels and new nutritional information within 60 days, under penalty of a fine.