Product in stock cannot be destroyed if fit for sale

nila44

It is not reasonable to have products destroyed within their expiration date just because the registration period with the National Health Surveillance Agency (Anvisa) has expired. This was the understanding of the Federal Regional Court of the 1st Region when preventing the destruction of medical and hospital products stored by a company.

The 7th Court of the Judiciary Section of the Federal District denied the company's request that the products not be destroyed as it understood that commercialization depends on Anvisa's consent.

However, judge Daniele Maranhão Costa, from TRF-1, considered B2B Lead that, if Anvisa authorized the import of the product and its sale, "it is not reasonable that, once its registration has expired, and the product is still suitable for consumption, within the expiry date, the importer cannot deplete its stock".

"This is not the trade of an unregistered product, but rather the depletion of stock of a product that was imported and manufactured while registered by Anvisa, and therefore suitable for consumption, which today find themselves in the same situation", highlighted the judge, applying two principles of reasonableness and proportionality.

As a result, the rapporteur determined that Anvisa set a deadline for depleting products from stock.



The lawyer responsible for the case, Jonas Lima , a specialist in Public Law, states that "it would not be reasonable, nor proportionate – in regulatory and foreign trade – to destroy products manufactured, imported, taxed and nationalized during the validity of their registrations".

Therefore, according to him, hospital stocks should not be destroyed when registrations expire at Anvisa, if products are still valid for use.