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>[26.Oct.10]
Trademarks
- Food warnings and trademarks
Suspension of rules concerning food advertisement
Source: Informail ABREU, MERKL no.
31
The Resolution RDC no. 24 of 14.Jun.2010 (published
on 29.Jun.2010) of the Brazilian National Health Surveillance
Agency (ANVISA) determined that practically any type
of advertisement related to food products containing
high amounts of sugar, saturated fat, trans fat, sodium
and to beverages with low nutritional value, have to
bear warnings on the health risks associated with said
products.
Further, the Resolution established a
specific wording for the warnings, for instance, in
the case of food products with high levels of saturated
fat, the wording should read: “[trade name or
trademark of the product] contains a high amount of
saturated fat, and if consumed in large amounts, increases
the risk of diabetes and heart diseases”.
The deadline for implementing the warnings
would be of 180 days from the official publication of
the Resolution. However, in a class action moved by
a food industry association, the 16th Federal Section
Court of Brasilia issued, on 17.Sep.2010, a preliminary
order suspending the Resolution benefiting the members
of said association. ANVISA may still appeal this preliminary
order and/or object the class action.
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