The Attorney General’s Office (AGU) ensured the enforcement of legislation mandating the labeling of processed food products sold in the country with “contains gluten” or “does not contain gluten.” It also confirmed the regulatory authority of the National Health Surveillance Agency (ANVISA in Portuguese) regarding such labeling.

A consumer association has filed a lawsuit against a food company, requesting that the packaging of processed food products include the message: “contains gluten: gluten is harmful to the health of individuals with celiac disease.” The lower court accepted this request.

Subsequently, the AGU, through the Federal Regional Attorney’s Office for the 3rd Region, representing Anvisa, appealed the ruling. The appeal emphasized that this decision overlooked health regulations and the specific technical and regulatory aspects of food labeling.

In its appeal, the AGU argued that if the association’s claim were accepted, the information on the packaging would be incomplete and could mislead consumers into believing that only individuals with celiac disease are intolerant to gluten.

According to information from ANVISA presented during the proceedings, gluten “is also harmful to consumers with other conditions, not just those with celiac disease.” Therefore, “current regulations require labels to indicate the presence or absence of this substance without additional specifications, while providing significantly more informative content,” states an excerpt from the agency’s technical communication.

Thus, the clear indication of gluten presence or absence on processed food labels, as mandated by Law No. 10,674 of 2003, is deemed sufficient to alert individuals with celiac disease about the risks associated with consuming gluten-containing foods.