Advertising to children now illegal in Brazil

10 Apr 2014

Conanda has passed a resolution, with the force of law, banning advertising towards children in Brazil. Although there is uncertainty as to how this resolution will be enforced, it marks a landmark shift in Brazil for marketing to children. 

niños felices

Brazil's Official Federal Gazette has published Conanda Resolution 163, which considers all advertising directed at children as abusive. The resolution states that “the practice of directing advertising and marketing communication to children with the intention of persuading them to consume any product or service" is abusive and, therefore, illegal as per the Consumer Defense Code.

Conanda (National Council for the Rights of Children and Adolescents) is an agency attached to the Department of Human Rights of Brazil. According to Conanda, child advertising violates what is stipulated in the Federal Constitution, in the Statute of Children and Adolescents and the Consumer Defense Code.

The Alana Institute is a Consumers Internaional Member and part of Conanda. It has contributed, with other directors, in elaborating and approving the resolution text.

“Now, we need to inspect the companies so they redirect all market communication with children as the target public, to the adult public, thus complying with what is determined in the Conanda resolution and in the Consumer Defense Code,” says Pedro Affonso Hartung, Conanda Board Member and attorney for the Alana Institute. 

“This is a historical moment. A new paradigm for promoting and protecting the rights of children and adolescents in Brazil,” Mr Affonso said in celebration.

The resolution lists the following aspects that characterise a breach:

  • childish language, special effects and excess color
  • soundtracks with children’s songs or sung in children’s voices
  • representations of children
  • people or celebrities that appeal to children
  • child characters or hosts
  • cartoons or animations
  • dolls or similar
  • promotion with prizes or collectable gifts or that appeal to children
  • promotion with competitions or games that appeal to children

With the resolution, starting immediately, the following methods of marketing to children is considerd prohibited: print ads, television, commercials, radio sports, banners and sites, packaging, promotions, merchandising, actions on shows, and point-of-sale presentations directed at children.

The text also considers abusive any advertising and market communication in day care centers and nurseries, as well as elementary schools, including advertising on school uniforms and classroom material.

The Alana Institute is a non-profit, non-governmental organization with the mission of honoring children. Its actions range from direct action in child education to legal work and advocacy for enforcing children's rights.

The complete Conanda resolution text is available here in Portuguese. 

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