Beverages adulterated with methanol: understand the risks, responsibilities, and how to protect yourself.
From bars to manufacturers, the entire supply chain can be held accountable for data; experts also explain consumer rights.
247 - São Paulo recorded five deaths caused by the ingestion of alcoholic beverages adulterated with methanol. The case has raised concerns about consumer safety and the responsibility of establishments. According to Stefano Ribeiro Ferri, a lawyer specializing in Consumer Law, the law is clear in these cases: everyone involved in the supply chain can be held liable.
“If a beverage adulterated with methanol causes intoxication, everyone involved 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 Protection Code provides for joint and several liability. Furthermore, there are criminal consequences for those who produce or sell adulterated beverages.”
The lawyer also points out that the law stipulates that consumers have a right to health and safety. Therefore, in case of poisoning, it is essential to gather documents that prove the purchase and consumption.
"It is essential to keep the receipt, the bottle or container, the label and, if possible, to carry out medical tests that prove the poisoning. These elements strengthen the legal action and the criminal investigation," he advises.
In addition to compensating victims, those who sell or produce adulterated beverages may face criminal prosecution. "Those who sell adulterated products may have to compensate victims and also face criminal prosecution, which provides for imprisonment 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 that are significantly below market value, for example, warns the expert. “Avoid buying beverages of dubious origin, especially from online or informal sales; check the batch number, the authenticity seal, and follow the warnings from agencies such as Anvisa, Procon, and the Health Surveillance Agency. At this time, prudence is fundamental.”
Ferri also points out that those who produce or sell adulterated beverages are liable both civilly and criminally in these cases. They may have to compensate the victims and also face criminal prosecution, which provides for imprisonment for this type of crime. "Establishments need to buy only from regulated suppliers, check the documentation of the beverages, refuse products with suspicious labels, and keep purchase records. If there are any doubts, it is their duty to notify the authorities to avoid greater tragedies," he concludes.
Although the presence of methanol can, in rare cases, mainly related to irregular production, result from flaws in the distillation process, recent incidents point to a scenario of criminal adulteration, aimed at illicit profit at the expense of life.
Public health
According to lawyer Fernando Moreira, who holds a doctorate in production engineering with a focus on compliance and is also a creator of digital content about beverages, the tragedy caused by methanol goes beyond the realm of consumer law, representing a serious public health issue and a crime.
“The adulteration of alcoholic beverages with toxic substances such as methanol is not just an administrative infraction; it is a crime against public health, typified by the Penal Code. The Compliance perspective teaches us that accountability must be broad. In Brazil, the conduct falls under, for example, article 272 of the Penal Code (adulteration/falsification of food products) and can generate liability for homicide (including in the form of eventual intent), in addition to objective civil liability in the consumer sphere (articles 12 to 14 of the Consumer Protection Code). It is fundamental that the authorities act rigorously in holding people accountable, investigating the entire chain to punish in an exemplary manner not only those who bottle, but also those who distribute, those who sell and, above all, those who are complicit and profit from people's lives,” says Moreira.
Governance and Accountability
According to Moreira, the central issue in preventing these cases from recurring lies in risk-based traceability and increased integrated oversight. He believes the State and the entire production, distribution, and sales chain should be the primary guarantors of public health. He argues that the methanol problem is directly linked to failures in the chain of custody, where a lack of control allows adulterated products to be mixed with legitimate ones.
“The legal system needs to guarantee the product's chain of custody, that is, to prove the origin and route of the beverage from production. This requires companies to implement due diligence programs for suppliers and distributors, ensuring that their business partners also follow ethical and legal standards. The lack of sanitary inspection and informal trade make it easier for pirated and adulterated products to reach the consumer's glass. It is necessary to invest in quality control, traceability technology, and the dissemination of a culture of compliance that severely penalizes negligence and corruption,” advises Fernando Moreira.
