The arrival of 99Food in São Paulo boosted the delivery sector with a high-impact campaign, which includes R$ 99 coupons, free deliveries, and aggressive incentives to attract consumers, restaurants, and couriers.
With a profile that alludes toGuerrilla Marketing- which consists of a creative strategy aimed at making a big impact on the audience through unexpected or even provocative actions – the launch of the delivery service in São Paulo even featured an Urban Taximeter, referencing iFood, its direct competitor.
Given the volume of announced benefits, doubts arise about the legal limits of these practices and the possibility of the company's liability in case of non-compliance with the offers. According to the lawyerPaulo Bonilha, partner at Ambiel Bonilha Advogados and specialist in Business Consumer LawCompanies should exercise caution when running promotions of this scale. "The Consumer Defense Code, in its article 31, establishes the obligation that the offer be communicated in a correct and clear manner, so that if it does not possess such qualities, the supplier can be held responsible, including regarding the obligation to fulfill it. In other words, the supplier will be required to fulfill the offer as it was communicated, regardless of any contrary intention on their part. This is the principle of the obligatoriness of the offer," explains.
In the case of free deliveries, special attention is also needed in the way of promotion. According to Bonilha, "the company can only restrict the offer if this situation is clearly specified in its presentation." This means that hidden or less transparent conditions may constitute abusive practice towards the consumer.
Responsibilities also extend to the pricing announced in the applications. "99Food may, in these situations, even be required to fulfill the offer as advertised. Such a situation would only not be observed in the case of gross error," states the expert, commenting on possible discrepancies between the disclosed values and those actually charged.
Regarding moral or collective damages resulting from potential consumer expectation frustrations, the analysis is more restrictive. "It does not seem to me that, in the current context, the Public Prosecutor's Office would pursue a demand of this nature. This would only happen in the case of a situation of extreme harm to the consumer, whose practice has been repeated, which we do not foresee at the moment," evaluates the lawyer.
The entry of 99Food into the São Paulo market signals a fierce competition in the delivery app sector. However, experts warn that the sustainability of these campaigns will depend not only on the commercial strategy but also on strict adherence to the Consumer Defense Code, which ensures transparency, clarity, and compliance with the advertised offers.
Source:
Paulo Bonilha – partner at Ambiel Bonilha Advogados and specialist in Business Consumer Law. Postgraduate in Law from CEU Law School. Specialized in Legal Metrology and procedures with CONAR.
