The 6th Public Treasury Court of Sao Paulo maintained a fine imposed to Bauducco because it considered abusive the advertising aimed at children which promoted the exchange of Bauducco products packaging, along with the payment of approximately USD 1.50, for watches with images of characters from the movie “Shrek”¹.
In this case, the consumer protection organization of Sao Paulo imposed a fine to Baudduco in the amount of approximately USD 30,000 due to this advertising. The company sought in court the annulment of the fine, claiming that the advertising campaign was legal.
After much judicial discussion, the Brazilian Superior Court of Justice and the Brazilian Supreme Court affirmed that the advertising aimed directly or indirectly at children constitutes abusive conduct, which is prohibited by the Consumer Defense Code. Bauducco’s pleading was dismissed and the fine sustained.
¹ Lawsuit no. 0000782-96.2010.8.26.0053