Atacadão v. c Reference : APL 0562497-48.2018.8.05.0001 Complaint date : March 27, 2023 Status : Final judgment Place of jurisdiction : Brazil, Salvador Plaintiffs types : Economic stakeholders Plaintiffs names : Atacadão Defendants : Public Prosecutor Lawyers for Health and Environmental Justice : No description Case nature : No description Type(s), Product(s), Active substance(s) : Captan, , Neonicotinoid, Imidacloprid, Pyraclostrobin Requests : To reverse the decision of 19/03/2018 of the Santa Catarina Court of Justice Name of the Court : 4th Civil Chamber of the Court of Justice of Bahia of Salvador, Brazil Jurisdiction level : No description Decision date : August 3, 2021 Decision nature : Positive Decision content : No description Legal basis : No description Court Ruling : Link to the ruling Summary : 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. Scientific references : No scientifice reference for this case. Related links : Trial court decision Press article. Gazeta Bahia, "Tribunal de Justiça da Bahia condena Atacadão por venda de frutas e hortaliças com agrotóxicos"