São Paulo recorded five deaths caused by the ingestion of alcoholic beverages adulterated with methanol. The case has sparked concerns about consumer safety and the responsibility of establishments. For the lawyer specializing in Consumer Law, Stefano Ribeiro Ferri, the law is clear in these cases: all those involved in the supply chain can be held responsible.
“If a methanol-adulterated beverage causes intoxication, everyone who participated in the supply chain can be held responsible: the manufacturer, the distributor, the retailer, and even the bar that sold the product. This is because the Consumer Defense Code provides for joint liability. In addition, there are criminal consequences for those who produce or sell adulterated beverages.”
The lawyer also highlights that the legislation provides that the consumer has the right to health and safety. Therefore, in case of intoxication, it is essential to gather documents proving the purchase and consumption.
“It is essential to keep the receipt, the bottle or flask, the label, and, if possible, undergo medical tests proving the intoxication. These elements strengthen the lawsuit and the criminal investigation,” he advises.
In addition to compensation for victims, those who sell or produce adulterated beverages may face criminal proceedings. “Those who sell adulterated products may have to compensate the victims and also face criminal proceedings, which provide for prison sentences for this type of crime,” he explains.
How to Protect Yourself
The recommendation is to exercise extra caution when buying beverages. Be wary of prices much below market value, for example, warns the specialist. “Avoid buying beverages of dubious origin, especially in online or informal sales, check the batch number, authenticity seal, and follow alerts from agencies like Anvisa, Procon, and Health Surveillance. At this moment, prudence is essential.”
Ferri also reminds that those who produce or sell adulterated beverages are liable both civilly and criminally in these cases. They may have to compensate victims and face criminal proceedings, which provide for prison sentences for this type of crime. “Establishments need to buy only from regularized suppliers, check beverage documentation, refuse products with suspicious labels, and keep purchase records. If there are doubts, it is their duty to notify the authorities to prevent greater tragedies,” he concludes.
Although the presence of methanol can, in rare cases—mainly related to irregular production—stem from distillation process failures, recent incidents point to a scenario of criminal adulteration aimed at illicit profit at the expense of lives.
Public Health
For lawyer Fernando Moreira, a PhD in production engineering with a focus on compliance, who is also a digital content creator about beverages, the tragedy caused by methanol goes beyond the scope of Consumer Law; it is a serious public health case and crime.
“The adulteration of alcoholic beverages with toxic substances like methanol is not just an administrative infraction; it is a crime against public health, as defined by the Penal Code. The Compliance perspective teaches us that accountability must be broad. In Brazil, the conduct is framed, for example, under Article 272 of the Penal Code (adulteration/falsification of food products) and can lead to liability for homicide (including in the form of eventual intent), in addition to strict civil liability in the consumer sphere (Articles 12 to 14 of the CDC). It is essential for authorities to act rigorously in holding parties accountable, investigating the entire chain to punish not only those who bottle, but those who distribute, sell, and especially those who fail to act and profit from people’s lives,” states Moreira.
Governance and Responsibility
According to Moreira, the central issue to prevent these cases from recurring lies in risk-based traceability and increased integrated oversight. For him, the State and the entire production, distribution, and sales chain must be the main guarantors of public health. According to him, the methanol problem is directly linked to failures in the chain of custody, where lack of control allows adulterated products to mix with legitimate ones.
“The legal system needs to ensure the product’s chain of custody, that is, to prove the origin and path of the beverage from production. This requires companies to implement supplier and distributor due diligence programs, ensuring that their commercial partners also follow ethical and legal standards. The lack of health inspections and informal trade facilitate the arrival of pirated and adulterated products to consumers’ glasses. It is necessary to invest in quality control, traceability technology, and the dissemination of a compliance culture that severely penalizes negligence and corruption,” advises Fernando Moreira.
Source: brasil247.com