The Federal Attorney General’s Office (AGU in Portuguese) obtained another favorable court ruling confirming the validity of the resolution of the National Health Surveillance Agency (ANVISA) (RDC N 24/2010) on the advertising of foods considered harmful to health. These include foods high in sugar, saturated fats, trans fats and sodium, as well as beverages with low nutritional value. The decision of the 11th Chamber of the Federal Regional Court of the 1st Region (TRF1) rejected a lawsuit filed by a commercial entity against the Anvisa rule and upheld the validity of the ruling. In 2023, the 6th Chamber of the TRF1 also rejected a similar claim, preserving the regulatory agency’s powers.
Anvisa’s resolution determines that the advertising of these foods must clearly identify the high content of these nutrients in the advertising pieces, in addition to containing a warning that consuming them in large quantities increases the risk of health damage, such as the development of obesity, diabetes and heart disease.

The validity of the regulation was challenged by the Brazilian Association of Soft Drinks and Non-Alcoholic Beverages Industries (ABIR in Portuguese) as unconstitutional and illegal due to its violation of the principles of freedom of communication and legal reserve. The association claimed that Anvisa had infringed the jurisdiction limited to federal law by imposing health warning clauses in the advertising of certain foods, without due scientific proof of their harmful effects.Chamber of the Federal Regional Court confirms Anvisa’s competence to regulate the advertising of foods high in sugar, salt and fat.