Brazil – Supreme Court of Justice compiles resolutions on the right to information in product packaging and labeling

The Superior Court of Justice (TSJ) published a compilation of resolutions related to the right to information about the packaging and labeling of products sold in the country, in order to ensure that consumers have access to essential data about the composition and health risks, without imposing unfeasible or disproportionate burdens on suppliers.

Among the notable precedents, the Superior Court of Justice (STJ), in the ruling of Special Appeal No. 1,185,323, established that beers with an alcohol content of up to 0.5% cannot bear the designation “non-alcoholic” on their labels. Under the direction of Minister Laurita Vaz, the court ruled that, although the administrative regulation classifies such beverages as non-alcoholic, the protection guidelines of the Consumer Protection Code (CPC) prevail to prevent the public—especially people with medical or religious restrictions—from being misled.

On the contrary, in the ruling REsp No. 1,605,489, the Third Panel exempted wine producers from indicating sodium and calorie values, understanding that the sector has its own regulations from the Ministry of Agriculture and that the principle of specialty should guide the labeling of such beverages.

Another relevant precedent analyzed by the Court, REsp 1.788.075, refers to the presence of genetically modified organisms (GMOs), popularly known as transgenic organisms. The Court validated a federal decree that limits the mandatory labeling of GMOs only to foods with a concentration higher than 1%, justifying that minimal accidental contamination during the storage and transportation of grains would make production unfeasible if the absolute absence of traces were required.