Brazilian court tightens advertising rules for influencer Virginia Fonseca's Blaze posts

A ruling from the Federal District Court of Justice in Brazil has imposed stricter advertising disclosure requirements on influencer Virginia Fonseca and betting operator Blaze, marking a notable development in the ongoing legal battle.

Judge Renato Rodovalho Scussel partially granted an appeal by the District Attorney's Office (MPDFT) in a civil public lawsuit against Fonseca and Blaze. The decision overturns a lower court's refusal to issue an urgent injunction, citing the risk of collective harm to consumers from potentially irregular advertising.

The MPDFT’s lawsuit alleges that Fonseca and Blaze engaged in deceptive and abusive marketing tactics, blending sponsored betting promotions with her personal posts about travel, family, and daily life. Prosecutors claimed the campaigns often failed to adequately identify paid content and used techniques that encouraged excessive spending.

In his reasoning, the judge highlighted that influencer advertising is unique because it is frequently embedded into organic content, making it harder for audiences to distinguish commercial messages from genuine personal narratives. "For that reason," he stated, "identifying advertising as such demands 'special rigor.'" He added that native or testimonial advertising does not lose its commercial nature just because it is presented within personal stories, and that such formats can deepen trust and obscure the sponsored nature of the content.

Under the ruling, any non-compliant sponsored content must be removed within 48 hours, with a fine of BR100,000 ($19,600) per infraction, initially capped at BR2 million ($392,000). The order applies to posts that mix personal moments with undisclosed Blaze sponsorship.