Beer manufacturer with 'marijuana' label fined by the Ministry of Agriculture
Produced in Santa Catarina, the beverage has a cannabis aroma but does not have psychoactive properties
By Sechat editorial team
Balbúrdia Brewery, the manufacturer of Hemp beer, was fined by the Ministry of Agriculture of the State of Santa Catarina (Mapa) for selling the product with a marijuana aroma.
Located in Blumenau, in the Itajaí Valley, the company had already been prohibited from selling the brand by the city's mayor, Mário Hildebrandt, during Oktoberfest 2022. However, the owners chose to continue the production and sale of the beverage, including at regional festivals.
The complaint came from Cruz Azul, a Santa Catarina institution that works in the prevention and assistance of people affected by alcohol and other drug consumption. According to Brazilian legislation, there is no clear regulation regarding the prohibition of using terpenes from the cannabis sativa plant in food. These compounds, naturally produced by plants through their secondary metabolism, with specific action and distribution in the plants, are responsible for the aroma. In other words, they do not have psychoactive properties.
According to Cruz Azul, Mapa was informed about the production and sale of Hemp beer in December 2022. However, according to the publication on social media, the Santa Catarina institution only received communication on Friday (March 3) regarding the prohibition of selling the beer with packaging featuring the image of the plant. The agency's argument is that the product's presentation “induces the consumer to error, deception, and consequently to the consumption of the substance.”
Read the excerpt from Mapa's decision:
“The Beer – style ‘American pale ale with terpenes’, brand ‘HEMP’ violates the legal provisions of beverage legislation, especially regarding its composition and labeling. Even if it does not contain the prohibited substance, there is the use of expressions and figures suggesting the presence of derivatives of ‘Cannabis’ sativa that mislead the consumer. Furthermore, it has not been clarified what type of substance the ‘terpenes’ used are, if permitted for use as food in Brazil.”
Balbúrdia's Position
Balbúrdia Brewery issued a statement on the morning of this Monday, the 6th. Here is an excerpt from the text:
“Balbúrdia Brewery received a notification from the Ministry of Agriculture, Livestock and Supply to adjust the label of Balbúrdia Hemp. Mapa requested a change in the visual identity of the 473ml can, believing that the image of a hemp leaf would mislead the consumer into thinking there was some cannabis-derived product in the beer.
The term Hemp originates from the word hemp, and fabrics made from this fiber are legally sold in Brazil; several brands such as Levi’s, Osklen, Reserva, and Adidas already sell them without any issues.
Balbúrdia Hemp is not the only beer with terpenes sold in Brazil, and several beers have similar images on their packaging.
Balbúrdia Brewery believes that the notification is misguided and has already made its considerations to the responsible agency, awaiting the decision and hoping it will be favorable to its arguments.
We remind you that the beer does not contain any ingredient derived from marijuana and there is no illegality in producing this type of beer with an aroma reminiscent of cannabis.”