Project prohibits advertising of ultra-processed foods aimed at children

The Bill 2630/26 amends the Statute of the Child and Adolescent (ECA) to prohibit advertising, commercial promotion, and the offering of ultra-processed foods and beverages aimed at children.

The proposal, presented by Deputy Duda Salabert (Psol-MG), covers content broadcast on television, radio, the internet, social media, and physical spaces. The text is under analysis in the Chamber of Deputies.

According to the rules, the airing of ads that use elements such as child characters, cartoons, mascots, games, digital influencers, or animations to promote these products is prohibited.

The restriction also prevents the distribution of giveaways, toys, or collectible items associated with the purchase of food, as well as the use of personal data and algorithms to target advertising to children and adolescents.

Schools
The proposal prohibits the marketing, advertising, promotion, and free distribution of ultra-processed foods in places frequented by children, including daycare centers, public and private schools, public child health units, and children’s events funded with public resources.

Duda Salabert argues that the measure aims to update the legislation in light of new digital and marketing strategies in the food sector. “Children do not have full discernment to understand the persuasive nature of commercial advertising,” she states.

The parliamentarian also emphasizes that the project's goal is not to interfere with family choices but to create a regulated environment.

“The initiative aims to ensure that children and adolescents can develop in less hostile environments, less manipulated by economic interests, and more compatible with the fundamental right to health,” she advocates.

For the deputy, regulation is a way to fulfill the State's duty to protect childhood, which “does not constitute censorship or excessive regulation.” “It is about fulfilling the constitutional duty of the State to protect childhood in the face of economic practices capable of producing illness, consumption dependence, and serious social and health impacts,” she points out.

Currently, the Consumer Protection Code already classifies as abusive advertising that takes advantage of children's lack of judgment and experience. The National Council for the Rights of Children and Adolescents (Conanda) also prohibits the targeting of commercial advertising to children.

Penalties
According to the project, the specific definition of what constitutes an ultra-processed food will be determined by the regulations of the federal health authority, which will consider nutritional composition, the degree of industrial processing, and the presence of additives.

In case of non-compliance, the penalties include:

• warning;
• fine;
• suspension of advertising or campaign;
• imposition of counter-advertising in the same media and time slot; and
• temporary suspension of the product's marketing in case of recurrence.

Processing
The project will be analyzed, in conclusive character, by the committees on Consumer Protection; Social Security, Social Assistance, Childhood, Adolescence, and Family; and Constitution, Justice, and Citizenship.

To become law, it needs to be approved by both deputies and senators.

Learn more about the processing of bills