The regulation of food and non-alcoholic beverage advertising to children in Brazil

Abstract

The objective of this present article is to understand the regulation of food and non-alcoholic beverage advertising aimed at children in Brazil. It is argued that this discussion must be contextualized within the broader debate on advertising that targets children of less than 12 years of age, of any product, service or brand, given that the advertising of food and drinks to children is a species of the broader commercial practice of advertising, which is considered abusive and therefore illegal under Brazilian rules and by the recommendations of international organizations. Advertising directly to children utilizes their hyper-vulnerability and their unfinished development to persuade them to consume, violating their rights guaranteed by law, such as the right to respect comprising physical, mental and moral inviolability. Specifically, advertising of food and non-alcoholic beverages with low nutritional value to children, in addition to leveraging children’s vulnerability, directly impacts increasing rates of childhood and weight, therefore becoming an important public health issue to be regulated. In Brazil, the regulation of this commercial activity takes place within the broader context of restricting marketing communication directed at children under 12 years of age,, which has been discussed extensively at various state levels, including through lawsuits that generated a historical precedent in the Brazilian Superior Court of Justice, which considered ins his decision this practice to be abusive and, therefore, illegal.