Inmetro Opens Public Consultation On E-commerce Inspection

Public consultation discusses new rules for listings of regulated products, marketplace obligations, and mechanisms for removing non-compliant offers

The National Institute of Metrology, Quality and Technology (Inmetro) launched Public Consultation No. 6/2026 on February 24, 2026, to discuss a new ordinance that will create a specific inspection regulation for e-commerce.

The proposal is relevant because it seeks to structure and consolidate inspection procedures applicable to e-commerce, detailing how Inmetro intends to monitor products sold on marketplaces and digital platforms. The draft includes rules regarding mandatory information in product listings, the removal of non-compliant products, and the cooperation of platforms with regulatory enforcement.

The public consultation will remain open until April 9, 2026, and interested companies may submit suggestions and comments through the Brasil Participativo platform.

What the proposal provides

The draft establishes specific rules for the inspection of products subject to Inmetro programs when sold through e-commerce.

Among the main proposed obligations is the requirement that listings for certain products display regulatory information clearly and visibly to consumers, including:

• the Inmetro conformity identification seal;
• the Energy Efficiency Label (ENCE), when applicable;
• the product’s Inmetro registration number;
• identification of the supplier, brand, and product model.

This information must appear on the main product page, in a legible format and in accordance with the models defined in the applicable technical regulations.

The proposal also establishes specific rules for measuring instruments and for pre-packaged goods subject to legal metrological control.

In practice, this may require adjustments to product pages, product registration systems, and catalog management processes, particularly for platforms that operate with a large number of third-party sellers.

Platform notification and removal of listings

Another relevant aspect of the proposal is the provision that Inmetro may directly notify e-commerce platforms when it identifies non-compliant listings.

In such cases, platforms may be required to:

• remove or suspend the listing within two business days, and
• provide Inmetro with the advertiser’s data, including name, CPF or CNPJ, contact details, and address.

In practice, this mechanism creates a “notice and takedown” model within the scope of Inmetro’s technical enforcement activities, bringing regulatory oversight closer to the dynamics of the digital environment.

If a platform fails to remove the listing or provide the requested information, such conduct may be characterized as obstruction of inspection, subjecting the company to penalties provided by law.

The proposal also states that Inmetro may request information regarding the storage location of advertised products, which could enable inspections at distribution centers or storage facilities associated with e-commerce operations.

Applicable penalties

Violations may be processed under Law No. 9,933/1999, which provides for penalties such as:

• warning;
• fines;
• seizure of products;
• suspension of activities; and
• destruction of goods.

Fines may reach up to BRL 1.5 million, depending on the severity of the violation.

Points likely to generate debate

Although the proposal provides greater clarity regarding e-commerce oversight, some aspects of the draft are likely to generate discussion during the public consultation.

1. Platform liability

The draft establishes that primary responsibility lies with the product advertiser. However, it still creates significant obligations for digital platforms, particularly regarding the removal of listings and the provision of seller data.

This may raise discussions about the limits of marketplace liability and the role of platforms in verifying the regulatory compliance of products sold by third parties.

2. Deadline for removal of listings

The two-business-day deadline for removing listings after notification by Inmetro may raise debate about its operational feasibility, especially for platforms with a high volume of sellers and products.

Depending on the complexity of the case, it may be necessary to identify the responsible seller, assess the regulatory classification of the product, and conduct internal moderation procedures.

3. Product page compliance

The requirement to display seals, labels, and technical information on product pages may require adjustments to digital catalogs, registration systems, and seller onboarding processes.

For platforms operating under a marketplace model, implementing these requirements may demand new controls over the information entered by sellers.

4. Oversight of the seller chain

The requirement to provide advertiser data and product storage locations may expand Inmetro’s visibility over the commercialization chain in e-commerce, including third-party sellers and logistics structures associated with platforms.

This aspect may generate discussions about the scope of regulatory oversight in marketplace and fulfillment operations.

Why it is worth participating in the public consultation

As the draft is still under discussion, the final wording of the regulation may be adjusted based on the contributions received.

For companies operating in e-commerce, participating in the consultation may be an important opportunity to:

• highlight operational challenges in implementing the rules;
• suggest adjustments to the definition of platform responsibilities;
• contribute to greater legal certainty in e-commerce oversight.

Given the potential impact of the proposal on marketplaces, digital platforms, and companies selling regulated products online, monitoring and contributing to the regulatory debate may be strategic.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.