In a recent decision¹, the Court of Appeals of the State of São Paulo confirmed its understanding that merchandising directed to children during a TV show for children constitute abusive practice and results in collective civil damages.
In this case, the consumer protection organization of São Paulo filed a public civil action arguing that the children’s TV show “Carrossel” aired by SBT had exhibited scenes with advertising directed to children, using characters from the show to promote products, violating the Consumer Protection Code and the Statute of Child and Adolescent. On its defense, SBT argued that the practice was not illegal at the time the TV show was aired.
The lower court ordered the defendant to pay approximately USD 200,000 as collective moral damages because this conduct would already be prohibited by article 37 of the Consumer Protection Code.
The Court of Appeals of the State of São Paulo confirmed the lower court’s decision and held that the advertising developed by SBT was abusive.
¹ Lawsuit No. 0014146-33.2013.8.26.0053