BEFORE WE START, LET ME INTRODUCE IDEC!
Our organization was founded in 1987, to guide, raise awareness and defend the Brazilians regarding the ethics and rights of citizens in their consumer relations.
WHAT IS IDEC?
Marilena Lazzarini, our
founder, in the first
meetings with associates.
Our team today, with
almost 100 collaborators!
OUR CAUSE
IN THE
FOOD PROGRAM
We fight for the right to know what we eat and for policies that allow us to choose foods that are better for our health and the environment.
THE CASE:
Public-Interest Civil Action against the practice of cross-promotion of infant formula and toddler milk
(dairy compound)
Infant Formula
Infant Formula
Infant Formula
Dairy Compound
Dairy Compound
Dairy Compound
DEFENDANTS:
Nestlé
Danone
Mead Jhonson
Infant Formula
Infant Formula
Infant Formula
Dairy Compound
Dairy Compound
Dairy Compound
Infant Formula
Dairy Compound
ANVISA
Ministério da Agricultura
the product in linquid or powder form intended for the feeding of a specific age group (until 3 years), under medical prescription, in total or partial replacement of breast or human milk, to satisfy their nutritional needs.
the powdered product resulting from mixing milk with dairy or non-dairy food products or substances, provided that the dairy ingredients represent at least 51% of the mass of the total ingredients..
… in a big supermarket in Rio de Janeiro.
STORE SHELVES and ONLINE STORES
THE PROBLEM:
… in a big supermarket in Rio de Janeiro.
STORE SHELVES
Can you see the difference between the products below?
THE PROBLEM:
… in a big supermarket in Rio de Janeiro.
STORE SHELVES:
This is a Nestlé infant formula designed for babies until 6 month (U$ 10)
… in a big supermarket in Rio de Janeiro.
STORE SHELVES and ONLINE STORES:
This is a Nestlé infant formula designed for babies until 6 month (U$ 9)
This is NOT infant formula. It’s a Nestle dairy compound, which can’t be offered to babies under 2 years (U$ 7)
ONLINE STORE:
ONLINE STORE:
Translation: “Infant Formula Nestlé Nestonturi 800g can”
But this is not infant formula
(translation: “Dairy Compound”)
Bill 11.265/2006
Art. 4 Commercial promotion of infant formulas in any media is prohibited.
OUR ARGUMENT:
DESIGNED TO DECEIVE
CROSS-PROMOTION
Marketing strategy in which promotional activities of one product are used to jointly promote another. This may include the packaging, branding and labeling of a product to make i look a lot like another.
CROSS-PROMOTION
Marketing strategy in which promotional activities of one product are used to jointly promote another. This may include the packaging, branding and labeling of a product to make i look a lot like another.
Nestlé infant formula (prohibited advertising)
Nestlé dairy compound advertising
Nestlé dairy compound advertising
“In summary, the now common practice of cross-promotion whereby breastmilk substitutes for babies are promoted through dairy compound labels and advertisements is a threat to breastfeeding and infant health. This marketing tactic has become highly prevalent in an apparent attempt to circumvent national regulations on the marketing of baby products. Mothers are confused by this strategy and often believe that there is little difference between the different products in a line. As a result, babies are fed with dairy compound, which does not meet their nutritional needs.”
“THE PRACTICE OF CROSS-PROMOTION OF BREAST-MILK SUBSTITUTES MUST BE PROHIBITED.”
WHO and UNICEF
Cross-promotion of infant formula and toddler milks
WHO/unicef, Informative Note, 2019
OMS, 2017
CROSS PROMOTION
Recommendation # 5/WHO
OUR STRATEGIC GOALS
Nestlé
Infant Formula
Toddler Milk
Mead Johnson
Infant Formula
Toddler Milk
Specific objectives
Adapt the conduct of companies to the provisions of the law:
Fórmulas Infantis
Composto Lácteo
… in a big supermarket in Rio de Janeiro.
EVIDENCE 1: Purchasing Environment
Visual qualities
Visual-tactile qualities
Visual-verbal qualities
EVIDENCE 2: SEMIOTICS REPORT
EVIDENCE 3:
Testimonials from parents and mapping interactions on companies' social networks that demonstrate consumer confusion about products.
Evidence 4: COMPLAINTS about misleading packages
MEMORIALS WITH LEGAL DESIGN
Legal opinions on limitation of trademark property rights and cross-promotion.
The first victory - On July 1, 2022, a decision was issued partially granting Idec's request for precautionary measure and requiring only Nestlé to place labels on the lids of its products within 60 days, alerting consumers about the differences between the products. Nestlé should also include this message in its virtual advertisements.
“Justice forces Nestlé to inform about
inferior product composition”
“Preliminary decision establishes a fine of U$ 200 per can that does not have the sticker after the 60-day period”
GHAI homepage
The fight goes on
However, on July 22, 2022, Nestlé appealed this preliminary injunction decision and successfully reversed it at the São Paulo Court of Appeals. The case is awaiting final judgment, and we remain optimistic about the outcome. Nevertheless, we are aware that Nestlé and other companies will continue to appeal to higher courts for many years. So far, the case has gained significant attention, with various Brazilian authorities initiating their own independent investigations into cross-promotion and misleading packaging of toddler milk products.
In all of them, newspapers expose companies in a negative light, show misleading labels, alert the population about the importance of breastfeeding and publicize Idec.
We identified 61 news about our lawsuit, in 3 months.
We reached 56,901 impressions (cumulative number of views) and 20,172 engagements (interactions with the post: shares, comments, saves) on Instagram, Facebook, Twitter and Linkedin
OUR NEWSLETTER – “It’s on the table”
Our August 2022 Newsletter was about breastfeeding, and also discussed our legal action.
According to opening and viewing data, it was read by at least 10,300 people.
Our press release in English was published by partners, which generated very concrete effects.
The partners' webpages were read by researchers, who published articles mentioning our lawsuit. Our cause began to be mentioned at international events.
Global Congress on Implementation of the International Code of Marketing of Breast-milk Substitutes - 2023, June - WHO
Public authorities began opening investigations and filing new lawsuits against Nestlé due to cross-promotion practices.
“Nestlé is sued for misleading consumers with similar packaging of different dairy products”
Nestlé was sued by the state Public Prosecutor's Office due to “illicit” similarities in the packaging of the company's dairy products that are leading consumers to mistakenly purchase items they did not want. The public civil action was filed today, the 16th, by prosecutor Joseane Suzart. According to the document, due to the lack of evident packaging differentiations that avoid consumer confusion, there are irregularities with the products 'Leite Ninho' and 'Composto Lácteo Ninho Forti+', 'Neslac' and 'Nan' and 'Nestonutri' and 'Nestogeno'.
Challenges, issues and problems
THANK YOU!
IGOR
BRITTO
Director of
Institutional
Relations