On December 6, 2019, the National Consumer Secretariat (“SENACON”) commenced a public consultation with a draft technical note aimed at establishing parameters for public agents in analyzing requests to exclude/include certain media formats in recall campaigns.
Contributions must be sent to email@example.com by December 13, 2019, with the subject “Technical Note – Media Plan”.
The proposed parameters for the dismissal are:
- Traceability – possibility of identifying the product’s location in the consumer market. If the products are trackable, the company may request a waiver of any of the media formats if it can prove that 100% of the distributed units have been identified. If it is impossible to track the products, the public agent must consider whether the proposed Media Plan has sufficient means to reach as many consumers as possible;
- Risk Warning – it must be in accordance with the Ordinance No. 618/2019 of the Ministry of Justice and Public Safety;
- Quantity of products distributed – few products distributed in the consumer market. SENACON did not determine the “quantity” by defining a number, stating that each case will be analyzed according to its peculiarities;
- Company history – regularity of the last five (5) recall campaigns carried out by the company;
- Company history – Existing Administrative Proceedings – if there is any administrative proceeding in progress, the media exemption request will not be considered.
The analysis whether to exempt or include certain media formats in the Media Plan will not be performed for: (i) non-durable product campaigns; (ii) campaigns that do not meet the deadlines set in Ordinance No. 618/2019; and / or (iii) campaigns with consumer accidents prior to their launch.
Also, once the possibility of media suppression has been analyzed, the public agent and the supplier will set a campaign goal to attend 100% of the consumers affected within one year.
Finally, the use of “consumidor.gov.br” platform and adherence to the “CapacitAção Project” will be considered differential when evaluating the company’s request.
Our Strategic Consumer team is available for clarification.
Source: Ministry of Justice and Public Safety website – Released on December 6, 2019 – Available at: https://www.novo.justica.gov.br/news/aberta-consulta-publica-sobre-plano-de- recall-call-media