In February 2025, the Brazilian Association of Radio and Television Broadcasters (ABERT) filed Direct Action of Unconstitutionality (ADI) No. 7788 before the Supreme Federal Court (STF). The action questions the validity of the regulations governing the advertising of medicines and foods considered harmful to health, currently established by Collegiate Board Resolutions (RDC) No. 24/2010 and No. 96/2008 of the National Health Surveillance Agency (ANVISA).
ABERT argues that these RDCs impose restrictions on advertising, information, and other practices of dissemination and commercial promotion of foods and medicines that, by their nature, should be established exclusively through federal law. The association considers that such measures are disproportionate and violate economic freedom, because, instead of promoting consumer information, they make the advertising of these products unfeasible.
Throughout the process, ANVISA (Brazilian Health Regulatory Agency) presented its statement and defended its competence to issue regulations, based on the Federal Constitution, Laws No. 8,080/1990, 9,782/1999 and 6,360/1976, and Decree-Law No. 986/1969. Furthermore, several amicus curiae (interested third parties, such as consumer associations, health associations, industry, advertisers, etc.) were admitted, with the function of providing input to the judging body.
In August of this year, given the legal and social relevance of the matter under debate, as well as the potential impact on legal certainty and the protection of fundamental rights, especially the right to health, a Public Hearing was held – under the rapporteurship of Minister Cristiano Zanin – to deepen the discussion, as well as to hear from authorities and experts on the subject.
Currently, the process awaits final judgment before the STF (Supreme Federal Court), continuing in the instruction/debate phase, with statements from the parties involved and interested parties.
The Regulatory team at Nascimento e Mourão is closely monitoring this agenda and is available to provide clarifications and any other necessary support.
Evelini Oliveira de Figueiredo Fonseca | evelini.fonseca@nascimentomourao.adv.br
Partner in the Environmental, Regulatory and Biodiversity Law area
Bruna Sayuri Ornelas Shigaki bruna.shigaki@nascimentomourao.adv.br
Lawyer in the Environmental, Regulatory and Biodiversity Law area
