The 1st Business and Arbitration Disputes Court of the Central Civil Forum of São Paulo issued a ruling recognizing that two advertising campaigns broadcast by 99Food constituted illicit comparative advertising, unfair competition against iFood , and exceeded the legal limits of comparative advertising. The court decision determined that 99Food is prohibited from broadcasting any advertising that attacks iFood or that uses data dishonestly to make comparisons, in addition to ordering the company to pay compensation for moral and material damages.
According to the ruling, the advertisements did not present objective, verifiable comparisons or comparisons based on equivalent parameters, and they used references and elements directly associated with the iFood brand in a derogatory manner.
The decision goes beyond the dispute between companies and acknowledges that the campaigns directly harmed the consumer. Comparative advertising, to be lawful, must allow the consumer to understand the criteria of the comparison and verify, at a minimum, the advantage claimed by the advertiser. However, 99Food's campaigns did not enable an effective, objective, and verifiable comparison by the public and, instead of informing, the advertisements led the consumer to a distorted perception of market reality.
The decision is also based on the Consumer Protection Code, which mandates the prohibition of abuses in the consumer market, including unfair competition. Furthermore, it requires that all advertising be identifiable as such and that the advertiser maintain the factual, technical, and scientific data that support its message—an obligation that, according to the ruling, was not fulfilled by 99Food.
iFood reaffirms its commitment to fair and ethical competition based on truthful and verifiable information. The company believes that healthy competition benefits consumers, restaurants, and delivery drivers—and that practices that distort reality to harm competitors go against this principle. The court decision reinforces that comparative advertising, when used irresponsibly, has clear limits established by Brazilian law.
