The Right of Consumer and Treatment Given to the Legal Nanostructured Products Advertising on the Internet: A Theme Panorama in Brazil and the European Union

Abstract

This paper aims to treat, under the aegis of the Consumer Law, the legal treatment of advertising online of products that use nanotechnology in Brazil and European Union. The spread of the benefits and efficiency of these products, has in the Information and Communication Technologies (ICT) a great ally, because through online advertising, opens an important channel that allows them to be in touch constant with its consumers, encouraging them the use of these products, whose advantages are praised, without that the potential risks to human health receives sufficient information. This theme, though relatively new in Brazil, has been more debated in the European Union (EU), to studies done by NaNoREG, European organization responsible for the regulation and commercialization of nanomaterials, with which the Ministry of Science, Technology and Innovation (MCTI) Brazilian has made contact to integrate to a global regulation effort. To treat the issue used a dialectical approach, was made the contrast between benefits and risks arising from this technology, pointing out situations in that effects are not sufficiently clear to the consumer. Starting to from online advertising examples that is evident the great incentive to use the nanocosmetics, and addressed the necessary protection of public health and consumer safety, contrasting the current rules in the European Union and in Brazil.