Publicado em 12/06/2020

Covid-19 | Judge stays the commercialization of washing powder that promises to "eliminate the virus"

On 6/11/2020, the 2nd Business and Arbitration Court of São Paulo/SP determined that a company that produces washing powder to suspend the commercialization of a product whose packaging claims to “eliminate the virus”.

The decision also determined that the company should collect the units of the product on the market and refrain from carrying out new advertising campaigns that allude to the theme, under penalty of a daily fine of R$50 thousand for each unfulfilled order.

The lawsuit was filed by a competing company, alleging that advertising for the product involving the promise of eliminating the virus causes unfair competition in the current scenario of the coronavirus pandemic.

The decision that granted the injunction pointed out that “the advertising carried by the defendant, at least in theory, has the potential to cause damage to competitors and, even more seriously, may induce consumers to believe that the washing product has a specialty which is not demonstrated, at least so far, when compared to other products of the same nature”.

So far, no appeals have been filed against the decision, which can be accessed here.