On November 21, 2019, the Federal Official Gazette published Recommendation No. 01/2019 issued by the Commission for Permanent Consumer Accident Studies (“CEPAC”) of the National Consumer Secretariat (“Senacon”). The Recommendation sets out the criteria that suppliers
should observe when preparing a Media Plan to publicize recall campaigns.
CEPAC, created in 2019, is a Commission composed of representatives of the National Consumer Protection System, Brazilian Institute of Metrology, Quality and Technology, National Supplementary Health Agency, PROCONs and other stakeholders. It defines strategies and recommends the implementation of mechanisms to curb the sale of products harmful or
dangerous to consumer health.
The Recommendation requires suppliers to: (i) use multiple means of delivering the Risk Warning and does not recommend using a single site to disseminate the campaign; and (ii) disclose the Risk Warning through direct means to the consumer in the case of a recall campaign (“Recall”).
The Recommendation also provides the following guidelines to suppliers:
(i) use direct media to communicate with consumers to meet the mandatory Media Plan requirements, which must include at least one written, one sound, and one sound and image placement;
(ii) do not use calls, text messages (“SMS”) or e-mails to the consumer as a means of communication to comply with the Risk Warning disclosure as required by the Recommendation;
(iii) use Risk Warning communications that have a direct connection to the recalled product; and (iv) justify the means of communications selected for disclosing the Risk Warning, according to their reach to the target audience of the recall.
The Recommendation also advises SENACON to evaluate the proposed Risk Warning publication considering new media and means of connecting with consumers. This is to prevent any abuse or use of inefficient means and, at the same time, allow the use of new means of communications that emerge with the advancement of technology and advertising communications.
The Recommendation came into force on the date of its publication.