Atacadão v. c

APL 0562497-48.2018.8.05.0001
March 27, 2023
Final judgment
Brazil, Salvador

Economic stakeholders
Public Prosecutor
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Captan, , Neonicotinoid, Imidacloprid, Pyraclostrobin
To reverse the decision of 19/03/2018 of the Santa Catarina Court of Justice
4th Civil Chamber of the Court of Justice of Bahia of Salvador, Brazil
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August 3, 2021
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In a ruling on August 3, 2021, the Bahia Court of Justice affirmed the first instance ruling condemning the company Atacadão for selling fruits and vegetables containing pesticide residues that were prohibited or exceeded the maximum limits authorized by the National Health Surveillance Agency (Anvisa).

According to the Consumer Code, a supplier cannot market a product or service that he knows or should know is highly dangerous to health or safety. The violation of the consumers' rights generates a collective damage by putting in danger the human health.

In this case, the laboratory reports proved that Atacadão sold to consumers strawberries and lettuce unfit for human consumption. The Public Ministry reported that two active ingredients not authorized by Anvisa were found in the strawberries sold by the supermarket: captan and pyraclostrobin. It was also detected in a sample of lettuce the active ingredient imidacloprid with a quantity higher than the maximum limit authorized by the Agency.

The Court also recognized that the fact that the company had joined a traceability program did not remove the need for the health authorities, in the exercise of their control and enforcement powers, to certify or disqualify the goods.

The company was therefore ordered to pay R$ 100,000 as compensation for the damage caused to consumers.