The National Health Surveillance Agency (Anvisa) will have to require food manufacturers to include a warning that the nutritional values given on product labels can vary by up to 20%.
The unanimous decision was taken by the Second Panel of the Superior Court of Justice (STJ) when it ruled on an appeal filed by the Federal Public Prosecutor's Office (MPF) against a decision by the Federal Regional Court of the 3rd Region (TRF3).
After discovering irregularities in the labeling of light and diet products, the MPF filed a public civil action for Anvisa, using its power to regulate and inspect food products, to require this warning on labels.
No loss
For the TRF3, the 20% variation, related to the raw materials used in the manufacture of food, "is not characterized as relevant or essential information, justifying the insertion of a warning on labels".
According to the regional court, there is no justification for ordering a warning about the 20% variation in nutritional information on food labels, "either because it does not cause any harm to the consumer, or because it could create more doubt than any clarification".
Dissatisfied with this decision, the MPF appealed to the STJ. The appeal was reported by Justice Herman Benjamin, of the Second Panel, which specializes in public law.
Tolerance
For the minister, the consumer has the right to be informed on the label of food products of the existence of this variation in nutritional values, "mainly because there is an Anvisa rule allowing this tolerance".
Through normative acts, Anvisa has regulated nutritional information and food labeling, authorizing a tolerance of up to 20% in the values contained in the nutrient information declared on the label.
Herman Benjamin pointed out that the right to information is guaranteed by the Federal Constitution (article 5, XIV), and it is only possible to "limit this right when there is an evident and reasonable just cause, which is obviously not the case" in the trial.
Nimble change
"It should also be pointed out that, especially in food and medicines, the label is the easiest, cheapest, most agile and effective way of transmitting information to consumers," said the minister. According to him, labels "are changed on a daily basis to meet ephemeral business opportunities, such as sporting or cultural events".
He also dismissed the argument that the inclusion of a warning about a 20% variation in the nutritional values of the raw materials used in the manufacture of food would cause excessive costs for manufacturers.
REsp 1537571
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