Nestlé's labels promised oats and honey the cookies didn't contain — R$13M fine

Procon-SP's inspection found that four Nestlé products carried labels advertising ingredients that were not in the products: the Nesfit Aveia e Mel and Nesfit Leite e Mel biscuits and the Nesfit Cookie Cacau, Aveia e Mel named oats, honey, milk and cocoa that the composition did not contain, and the Mistura de Creme de Leite similarly misrepresented what was inside. The label was making a promise the contents did not keep.

In April 2025 Procon-SP fined Nestlé approximately R$13 million under the Consumer Protection Code's misleading-advertising provisions. Nestlé responded that the biscuits had been discontinued in 2022 and the cream mixture in 2023, that it complied with the law, and that it would present a defence.

The case is the label-as-advertising principle at full price: what a package names as an ingredient is a representation to the buyer, and naming an ingredient the product does not contain is misleading advertising even when no commercial ever ran. The product's packaging was the campaign.