In an unanimous decision1, the Special Chamber of São Paulo’s Court of Justice ordered the payment of collective moral damages in the amount of R$ 200,000 by Mattel do Brasil, due to an advertising targeted at children aired on a minor’s youtuber channel.
The toy maker, which also received a court order to refrain from doing such advertising on child YouTube channels, had partnered with a minor influencer channel to promote its products through the campaign “Você Youtuber Escola Monster High”. This campaign aimed to encourage video recording by minors, executing the challenges proposed by the digital influencer.
Mattel’s practice was challenged in 2017 to the Public Prosecutor’s Office by the Child and Consumption program, from the Alana Institute, resulting in a public civil action in 2019 under the allegation of indirect child advertising on the YouTube platform.
The Court of Justice upheld the lower court’s decision on the merits, understanding that the defendant’s campaign violated social rights related to the protection of children, and should be directed to the guardians of the children, and not to the children themselves, as the latter would not have the intellectual development necessary to comprehend that the objective of the campaign would be the acquisition of the advertised goods.
1Lawsuit No 1054077-72.2019.8.26.0002