STF debates rules on advertising of medicines and food

Minister Cristiano Zanin of (Supreme Federal Court) conducts this 3rd (26.2025) a public hearing to evaluate the constitutionality of rules edited by (National Health Surveillance Agency) that regulate the advertising of medicines and foods with high sugar content, saturated fat, trans fat, sodium and low nutritional beverage.

The hearing takes place in ADI (direct action of unconstitutionality), presented by the (Brazilian Association of Radio and Television Broadcasters). The entity disputes the resolutions and the agency, on the grounds that they impose restrictions that could only be defined by federal law. It also states that the measures would be disproportionate and harmful to economic freedom.

The hearing will be held from 10am to 7pm (Brasília time), in the session room of the 1st class of the STF. 33 exhibitors should participate, each up to 10 minutes to present their arguments. The presentations were organized in 3 blocks. Participation may be done in person at the Court’s headquarters in Brasilia, or remotely, by video conferencing.

The purpose of the hearing is to give the court technical arguments and different perspectives to evaluate the effects of the rules on the right to health, economic freedom and access to consumer information.

What is under discussion

• DRC 24 of 2010: Posted on June 15, 2010, it defines rules for supply, advertising and advertising of foods with high sugar, saturated fat, trans fat and sodium, as well as low nutritional drinks. The goal is to ensure that the consumer has access to clear health information, such as obesity and cavities. The norm requires, for example, that advertisements bring warnings such as: “This product contains a lot of sugar and, if consumed in large quantities, increases the risk of obesity and dental caries”;
• DRC 96 of 2008: Published on December 17, 2008, it establishes criteria for the dissemination of medicines in Brazil. The rule applies to all forms of commercial promotion, including radio, TV and digital media, covering national and imported medicines. Only prescription drugs can be announced directly to the public. The others must have their advertising restricted to qualified professionals to prescribe them, as doctors.

Read the schedule below:

Opening (10h to 10h30):

1. Rapporteur, Minister Cristiano Zanin;
2. Deputy Attorney General, Luiz Augusto Santos Lima.

Block 1 (10:30 am to 12:30 pm):

1. Gustavo Binenbojm, from Abert;
2. Renata de Araújo Ferreira and Felipe Augusto Gomes Sales, from Anvisa;
3. Kelly Polily de Souza Alves and Bruna dos Santos Nunes, from the Ministry of Health;
4. Vitor Hugo do Amaral Ferreira, from the Ministry of Justice and Public Security;
5. Ingo Wolfgang Sarlet, lawyer;
6. Cecília Cury, lawyer and one of the founders of the place in the label and food allergy Brazil;
7. Bela Gil, head of cooking and TV host;
8. Gesner Oliveira, from CNI (National Confederation of Industry);
9. João Batista Ferreira Dornellas, from Abia (Brazilian Association of Food Industry);
10. Adriana Pereira de Carvalho, from the Cancer Foundation;
11. Nelcina Conceição de Oliveira Tropardi, from the ABA (Brazilian Association of Advertisers).

Block 2 (14h30 to 16h30):

1. Walter José Faiad de Moura, from Idec (Brazilian Institute of Consumer Protection);
2. João Francisco de Aguiar Coelho, from the Alana Institute;
3. Eloísa Machado de Almeida, from the Smoking Control Association, Health Promotion and Human Rights;
4. Ana Paula Bortoletto Martins, from Abrasco (Brazilian Association of Collective Health);
5. Elisabetta Reine, from Consea (National Council for Food and Nutrition Security);
6. Sergio Pompilio, from Conar (National Council of Advertising Self -Regulation);
7. Stephanie Amaral, from UNICEF (United Nations Fund for Childhood);
8. Rogério Levorin, Abras (Brazilian Association of Supermarkets);
9. Marco Antônio da Costa Sabino, from ABICAB (Brazilian Association of Cocoa, Peanut and Bullets Industry);
10. Renata Rothbarth and Renato Alencar Porto, from Interfarma (Association of Pharmaceutical Research Industry);
11. Ronaldo Lemos and Carlos Affonso Pereira de Souza, from Abrafarma (Brazilian Association of Pharmacy and Drugstores Networks).

Block 3 (17h to 19h):

1. Nadine Marques Nunes Galbes, from the chair Josué de Castro;
2. Mariana SCEPPaquécia Leite Galvão, from ABAP (space for collective articulation of the advertising ecosystem);
3. Simone Maria Silva Magalhães and Fernanda Nunes Barbosa, from Brasilcon (Brazilian Institute of Policy and Consumer Law);
4. Juan Carballo, from GHAI (Global Health Advocacy Incubator);
5. Valter Palmieri Junior;
6. Diogo Rosenthal Coutinho;
7. And Linetzky Waitzberg;
8. Eduardo Augusto Fernandes Nilson;
9. Álvaro Machado Dias;
10. Isabel de Paula Antunes David;
11. Luciano Benetti Timm, from ABLE (Brazilian Association of Economic Freedom).