STF has reaffirmed the authority of ANVISA to regulate advertising and information pertaining to food and beverages high in sugar, fat, and sodium

Judge Cristiano Zanin, of the Federal Supreme Court (STF), confirmed that the National Health Surveillance Agency (ANVISA) has the competence to issue rules on propaganda, advertising and information related to foods and beverages high in sugar, fat and sodium, as provided for in the RDC 24/2010.

This pronouncement, triggered a discussion that has been going on in the courts since 2010 on the advertising of foods high in salt, fats, sugars and beverages with low sugar content. nutritional value.

In 2010, ANVISA passed a resolution determining that advertisements or other elements promoting foods with these characteristics must be accompanied by warnings to inform the risk of excessive consumption of the food.

The rule regarding warnings on promotional materials, however, was never put into practice, due to a series of actions filed that questioned the legitimacy of ANVISA.

One of the arguments put forward was that the agency has no authority to regulate advertising in the country.

Of the 11 actions filed in this regard, five have already been judged. All admitted that ANVISA, in addressing the issue, acted in accordance with its responsibilities.

For Zanin, ANVISA 's actions follow the principle of legality and are in compliance with the attributions established by Law 9.782/1999. “To my understanding, the Resolution of the Collegiate Council - DRC No. 24/2010 was issued in full respect of the principle of legality and within the scope of the attributions conferred by law to ANVISA, observing the change of the factual reality involving the food supply and with the participation of the most diverse sectors of civil society,” said Zanin.

The rapporteur also stressed that the regulation of these advertisements is in line with the constitutional duty to protect public health, especially focusing on preventive measures.

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