Post by account_disabled on Mar 12, 2024 4:04:18 GMT
Judge Fernando José Cúnico, of the 12th Civil Division of São Paulo, reconsidered the preliminary decision that had rejected a request for a distributor to refrain from selling Heineken Group products in territory that was formerly exclusive to the distributor Avante, author of the action. The new decision is this Wednesday (4/8) and states that Avante has exclusive marketing rights in that territory— the region of Teixeira de Freitas (BA) —, thus determining that the other distributor refrain from selling the brand's beers.
Brazil Agency
After 24 years, the brewery decided not to renew its contract with distributor
Agência Brasil
Avante took legal action to avoid losses resulting from the termination of a product distribution contract with the Heineken brewery, after 24 years of successive renewals. In its initial proposal, the distributor appealed to the commitment that the multinational publicly made with environmental, social and governance practices through its code of ethics.
This commitment is a trend in the corporate world, consolidated in the acronym ESG ( environmental, social and governance ), used to refer to best practices and which can also serve as criteria for investments. It identifies companies engaged in practices beyond financial profit.
In the petition filed with the São Paulo Court, Avante Distribuidora de Bebidas informs that Heineken enshrines these values in its code of ethics, in which it assumes a commitment to the communities where it operates and addresses its "already evolved social practices".
It also requests compensation for all damages (material, immaterial and moral) generated by the use of the distributor's trust to achieve its own objectives without any concern about the consequences. And it also requires that the contract be allowed to continue until the return of the last investments made for a period of 39 months, with the maintenance of commercial conditions.
In a statement, Avante's lawyer, Leonardo Corrêa , states that the company is "presenting the facts in a transparent way and showing the inconsistencies" between Heineken and the other distributor.
Judge maintains fine of more than R$1 million to Vigor for child advertising
ConJur Editor
CommercialFamily
Judge Adriano Marcos Laroca, from the 12th Public Finance Court of São Paulo, denied Vigor's request and maintained a fine of more than R$1 million, applied by Procon, due to the practice of advertising to children.
reproduction
Reproduction Judge maintains fine of more than R$1 million to Vigor for child advertising
The Criança e Consumo program, from the Alana Institute, which reported the case, was also accepted to act as amicus curiae in the process. In the decision, the judge highlighted the impact of advertising to children on family dynamics and the importance of redirecting all advertising to adults, who are directly responsible for family purchases.
"The argument that the Portugal Mobile Number List decision to buy or not to buy a product would ultimately be up to adults, ignores the dynamics of real life, since advertising aimed at children has exactly the intention of making them ask their parents to buy it. Furthermore, advertising to children often generates conflicts between children and parents, who often end up giving in to the 'tantrum'", he stated.
For the judge, in this case, the fact that it is a food product worsens the situation, "as advertising induces children to consume processed food". Lawyer João Francisco Coelho , from the Criança e Consumo program, celebrated the decision and spoke of the need to protect children.
"The Court upheld Procon's understanding that the advertising strategy developed by the dairy company exerted pressure on children to persuade them to consume the product indiscriminately. With this important decision, the Court recognizes the illegality of advertising to children and the absolute priority in protecting children from commercial exploitation", said the lawyer.
Remember the case
In 2014, the food products company promoted an advertising campaign for the Vigor Grego Kids product aimed at children. The strategy sought to speak directly to children in different places, from TV advertisements to the packaging itself.
Another commercial strategy adopted by the company was to announce the partnership with Walt Disney Studios to sponsor the exhibition of the Star Wars Rebels series. An augmented reality game application was developed, the access key for which was on the Vigor Grego Kids packaging itself.
It also contained, along with the product packages, collectible cards from the campaign. The action was publicized in all of the Disney group's media outlets: radio, printed media (almanacs and comic books) and children's channels on pay TV.
The campaign was denounced by Criança e Consumo and, in 2019, Vigor was condemned by Procon. The company appealed, but the agency maintained the fine. As a result, Vigor took action to the Judiciary, but the request to annul the fine was denied by judge Adriano Marcos Laroca.
Vigor expressed itself, in a note, regarding:
"Vigor's principle is respect for the consumer and complies with the regulations of the competent bodies, including standards established for product advertising. Regarding action No. 1501020-75.2021.8.26.0014 promoted by PROCON, Vigor informs that it has already filed an appeal defense to the responsible body and is available for any clarifications. The company also reinforces that the action refers to initiatives carried out in 2014 and that production of the item in question has been discontinued since 2016."
Brazil Agency
After 24 years, the brewery decided not to renew its contract with distributor
Agência Brasil
Avante took legal action to avoid losses resulting from the termination of a product distribution contract with the Heineken brewery, after 24 years of successive renewals. In its initial proposal, the distributor appealed to the commitment that the multinational publicly made with environmental, social and governance practices through its code of ethics.
This commitment is a trend in the corporate world, consolidated in the acronym ESG ( environmental, social and governance ), used to refer to best practices and which can also serve as criteria for investments. It identifies companies engaged in practices beyond financial profit.
In the petition filed with the São Paulo Court, Avante Distribuidora de Bebidas informs that Heineken enshrines these values in its code of ethics, in which it assumes a commitment to the communities where it operates and addresses its "already evolved social practices".
It also requests compensation for all damages (material, immaterial and moral) generated by the use of the distributor's trust to achieve its own objectives without any concern about the consequences. And it also requires that the contract be allowed to continue until the return of the last investments made for a period of 39 months, with the maintenance of commercial conditions.
In a statement, Avante's lawyer, Leonardo Corrêa , states that the company is "presenting the facts in a transparent way and showing the inconsistencies" between Heineken and the other distributor.
Judge maintains fine of more than R$1 million to Vigor for child advertising
ConJur Editor
CommercialFamily
Judge Adriano Marcos Laroca, from the 12th Public Finance Court of São Paulo, denied Vigor's request and maintained a fine of more than R$1 million, applied by Procon, due to the practice of advertising to children.
reproduction
Reproduction Judge maintains fine of more than R$1 million to Vigor for child advertising
The Criança e Consumo program, from the Alana Institute, which reported the case, was also accepted to act as amicus curiae in the process. In the decision, the judge highlighted the impact of advertising to children on family dynamics and the importance of redirecting all advertising to adults, who are directly responsible for family purchases.
"The argument that the Portugal Mobile Number List decision to buy or not to buy a product would ultimately be up to adults, ignores the dynamics of real life, since advertising aimed at children has exactly the intention of making them ask their parents to buy it. Furthermore, advertising to children often generates conflicts between children and parents, who often end up giving in to the 'tantrum'", he stated.
For the judge, in this case, the fact that it is a food product worsens the situation, "as advertising induces children to consume processed food". Lawyer João Francisco Coelho , from the Criança e Consumo program, celebrated the decision and spoke of the need to protect children.
"The Court upheld Procon's understanding that the advertising strategy developed by the dairy company exerted pressure on children to persuade them to consume the product indiscriminately. With this important decision, the Court recognizes the illegality of advertising to children and the absolute priority in protecting children from commercial exploitation", said the lawyer.
Remember the case
In 2014, the food products company promoted an advertising campaign for the Vigor Grego Kids product aimed at children. The strategy sought to speak directly to children in different places, from TV advertisements to the packaging itself.
Another commercial strategy adopted by the company was to announce the partnership with Walt Disney Studios to sponsor the exhibition of the Star Wars Rebels series. An augmented reality game application was developed, the access key for which was on the Vigor Grego Kids packaging itself.
It also contained, along with the product packages, collectible cards from the campaign. The action was publicized in all of the Disney group's media outlets: radio, printed media (almanacs and comic books) and children's channels on pay TV.
The campaign was denounced by Criança e Consumo and, in 2019, Vigor was condemned by Procon. The company appealed, but the agency maintained the fine. As a result, Vigor took action to the Judiciary, but the request to annul the fine was denied by judge Adriano Marcos Laroca.
Vigor expressed itself, in a note, regarding:
"Vigor's principle is respect for the consumer and complies with the regulations of the competent bodies, including standards established for product advertising. Regarding action No. 1501020-75.2021.8.26.0014 promoted by PROCON, Vigor informs that it has already filed an appeal defense to the responsible body and is available for any clarifications. The company also reinforces that the action refers to initiatives carried out in 2014 and that production of the item in question has been discontinued since 2016."