24 de January de 2019
In a specific lawsuit, tried in Rio Grande do Sul, the author of the action, who is celiac, went awry after ingesting food with the information “gluten-free, lactose-free” in the packaging. He filed suit against the company that sold the product after going awry and realizing that the granola he had bought could contain traces of gluten.
The company, on the other hand, argued that the label contains the possibility of
“traces of gluten” and that there is only a presumption that the product was the
cause of the allergic reaction of the author.
In the first degree, the author's request was upheld and the company was ordered to pay compensation for material damages in the amount of R $ 60.00 and moral damages of R $ 8 thousand. It was considered by the adjudicator responsible for the proceeding that the company engaged in misleading advertising, since the information on the packaging is untrue, in violation of the consumer's right to information and the duty to inform the manufacturer.