Judgment on Bauducco’s “É Hora de Shrek” campaign determines its unconscionability for addressing its content directly to children, and for product tying.
Brazilian Superior Court of Justice (STJ) published on April 14th the judgment of a trial concerning Pandurata’s “É Hora de Shrek (It’s Shrek time)” advertising campaign. The company owns the Bauducco food brand, and was considered to establish unconscionable advertising to children. This historic decision started with a complaint made by Institute Alana’s project Criança e Consumo (Child and Consumption), in 2007.
The summary states that:
“the circumstances of the case feature doubly abusive advertising. Firstly, because it is advertising or promoting food sale directed, directly or indirectly to children. Secondly, the apparent product tying, which is illicit even in legal business between adults and, even more, in a context of marketing that uses or manipulates children’s recreational universe (art. 39, I, Brazilian Consumer Protection Code)”.
Minister Humberto Martins, rapporteur of the case, in his vote, stated that:
“it is an abuse the food marketing that targets children, directly or indirectly. The decision of purchase and consumption of food, especially in times of obesity crisis, must reside with the parents. Hence the illegality of abusive advertising campaigns with commercial purposes, that use or manipulate children’s recreational universe (art. 37, § 2, of the Consumer Protection Code)”.
Martins also brought the opinion from the Deputy Federal Prosecutor Mario Luiz Bonsaglia, who said that:
“it is a correct and timely participation that of the Alana Institute, and of the State Prosecution Office, in defense of the rights of children, seeking to preserve, in the present case, the values they absorb through the selling of the appellant’s goods, as well as the reflections caused in the character of minors on the occasion of the sale of these products”.
The Criança e Consumo project, which completes ten years of activity this year, celebrates the decision of the federal court. “It is the recognition of our children as an absolute priority, including the issue of consumer relations. This is a great milestone for us and brings, certainly, a change of paradigm”, says Isabella Henriques, Institute Alana’s Advocacy Director, and head of the project.
–Criança e Consumo Project welcomes the decision to end the advertising of soft drinks targeting children
–New verdict by Brazil’s Federal Superior Court reatifie that publicity directed at childre in illegal
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