AMERICAS: BRAZIL
 
Brazil

NEW FOOD AND BEVERAGE WARNINGS IN BRAZIL: SUGAR, SODIUM AND FAT

Author: Kárim Ozon, Veirano Advogados
Reviewed by: Valdir Rocha, Veirano Advogados

The Brazilian Sanitation Regulatory Agency, ANVISA, has just enacted a new resolution imposing the adoption of food and drink warnings in any type of advertisement, including sponsorships. The final term to reach compliance is late December 2010.

In a total of four, food and drinks must carry warnings such as “Contains lots of sugar and, if consumed in large quantities, enhances the risk of obesity and dental decay”. The Resolution defines lots of sugar as 15g or more of sugar per 100g or 7,5g per 100 ml of drink. Lots of sodium means 400mg or more per 100g or 100ml. Lots of saturated fat means 5g or more per 100g or 2,5 per 100ml. Lastly, lots of trans fat means 0,6g or more per 100g or 100ml.

The food industry TV networks , through their National Civil Associations, respectively, have claimed that the New Resolution is unconstitutional and illegal since only a Law approved by the Congress , not a resolution, could have imposed restrictions on advertisements They also claim that the new warnings will be ineffective since only a serious governmental campaign would be capable of changing the populations’ habits.