Beer Manufacturer with 'Marijuana' Label is Fined by the Ministry of Agriculture

By Sechat editorial

Balbúrdia Cervejaria, the manufacturer of Hemp beer, was fined by the Ministry of Agriculture of the State of Santa Catarina (Mapa) for commercializing 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, at the 2022 Oktoberfest. However, the owners chose to continue producing and selling the drink, including at festivals in the region.

The complaint came from Cruz Azul, a Santa Catarina institution that works in the prevention and care of people affected by alcohol and other drug consumption. According to Brazilian legislation, there is no clear regulation on the prohibition of using terpenes from the cannabis sativa plant in food. These compounds, naturally produced by plants through their secondary metabolism, with specific roles and distribution in 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, as stated in the social media post, the Santa Catarina institution only received the communication on Friday (March 3) about the prohibition of commercializing the beer with packaging featuring the plant image. The agency's argument is that the product's presentation 'misleads the consumer, leading to error, deception, and consequently to the consumption of the substance'.

Read an excerpt from Mapa's decision:

'The beer - 'American pale ale with terpenes' style, 'HEMP' brand 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 images 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, whether allowed for use as food in Brazil.'

Balbúrdia's Position

Balbúrdia Cervejaria issued a statement on Monday morning, March 6. Here is an excerpt from the text:

'Balbúrdia Cervejaria received a summons from the Ministry of Agriculture, Livestock, and Supply for the adjustment of the Balbúrdia Hemp label. MAPA requested the change of the visual identity of the 473ml can, understanding that an image of a hemp leaf would mislead the consumer into thinking that there would be some cannabis-derived product in the beer.

The term Hemp originates from the word hemp, and fabrics with this fiber are legally marketed in Brazil; several brands such as Levi’s, Osklen, Reserva, and Adidas already sell them without any problems.

Balbúrdia Hemp is not the only beer with terpenes marketed in Brazil, and several beers have similar images on their packaging.

Balbúrdia Brewery believes that the notification is mistaken and has already submitted its considerations to the responsible agency, awaiting a decision that is favorable to its arguments.

We remind you that the beer does not contain any marijuana-derived ingredients, and there is no illegality in producing this type of beer with an aroma reminiscent of cannabis.'