In a recent decision¹, the 11th Public Treasury Court of Sao Paulo considered abusive and illegal Habib’s advertising which promoted the sale of meals accompanied by collectible articles.
In this case, the consumer protection organization of Sao Paulo imposed a fine to the restaurant chain Habib’s of approximately USD 590,000 due to an advertising targeted at children which was considered abusive for taking advantage of children’s deficient judgment and lack of experience. Habib’s filed an annulment lawsuit, claiming that the advertising campaign was legal and had been approved by the National Council of Advertisement Self-Regulation (CONAR).
The court held that Habib’s’ advertising was illegal because it referred to toys without even mentioning the meals that accompanied them, and manipulated minors’ deficient judgment in order to convince consumers. The lawsuit was dismissed, confirming the fine imposed by the consumer protection organization of Sao Paulo.
¹Lawsuit No. 1015328-03.2014.8.26.0053.