Five Years After Backer Beer Contamination, All Defendants Acquitted for Lack of Evidence

Five years after the discovery that beers from the Brazilian brand Backer were contaminated, an incident which caused the deaths of ten consumers and left 19 others with permanent injuries, all defendants have been acquitted due to insufficient evidence.

The decision was issued by the 2nd Criminal Court of Belo Horizonte on November 4, 2025. The justification was that there was not enough proof to hold any of the accused personally responsible. According to Judge Alexandre Magno de Resende Oliveira, the complaint filed by the Public Prosecutor’s Office failed to demonstrate “who, individually, acted or omitted themselves in a criminal manner.”

Background

The case began in January 2020, when several people were hospitalized in the Brazilian state of Minas Gerais with symptoms such as kidney failure, blindness, and neurological disorders. Investigations revealed that all victims had consumed beverages produced by Backer Brewery, based in Belo Horizonte.

Reports from the Civil Police and Anvisa (Brazil’s National Health Surveillance Agency) confirmed the presence of the toxic substances diethylene glycol and monoethylene glycol, both commonly used as antifreeze. According to the investigation, the contamination resulted from a manufacturing defect caused by a leak in the cooling system that allowed toxic fluid to mix with the beer.

At least ten deaths and 19 severe injuries were confirmed. Consumption of the contaminated beers led to permanent sequelae, including vision loss and neurological damage.

At the time, the Minas Gerais Public Prosecutor’s Office (MPMG) charged ten individuals linked to Cervejaria Três Lobos, the company that owns the Backer brand, with manslaughter, bodily harm, and crimes against consumer relations. The defendants included company partners, directors, and production and maintenance technicians.

Initially, the owners were accused of having knowingly taken the risk of contamination by keeping the factory operational despite technical failures. However, two of them were acquitted after evidence showed they had no management authority within the company. The third partner, responsible only for marketing, was also acquitted for having no direct involvement with product manufacturing.

Regarding the six engineers and technicians, the judge concluded that all were subordinate employees without decision-making power over the industrial process. The court also noted that responsibility for the refrigeration system lay with the technical supervisor, who had since passed away, and the industrial operations manager, who was not charged.

The tenth defendant, accused of perjury for allegedly lying about a label replacement at a supplier, was also acquitted under the principle of reasonable doubt, due to lack of concrete evidence.

In summary, the court found no individualized evidence of criminal negligence that could justify a conviction, even though the episode was acknowledged as a systemic failure within the company.

Aftermath and Civil Liabilities

Despite the criminal acquittal, Cervejaria Três Lobos still faces civil obligations. In July 2023, the MPMG reached a compensation agreement with Backer to provide financial reparations to the victims and their families. The deal stipulates payments of R$ 500,000 per victim and R$ 150,000 per immediate family member for material and moral damages.

So far, no victim has received payment, as Backer is undergoing judicial recovery (similar to bankruptcy protection), delaying compensation. The company maintains that the contamination was accidental and denies ever using toxic substances intentionally in its brewing process.

The acquittal has shocked victims and their families, who remain without compensation or accountability for the tragedy. Speaking to O Estado de Minas, Mirza Quintão Utsch, daughter of victim Antônio Márcio Quintão de Freitas, who died after drinking Backer beer on New Year’s Eve 2020, said:

“It’s extreme negligence to have a leaking tank, poison so many people, and not be held responsible for it.”

Despite the verdict, the Public Prosecutor’s Office announced it is considering an appeal to the Minas Gerais Court of Justice (TJMG). If accepted, the acquittal could be upheld or partially overturned, leading to a new trial. Until a final conviction is reached, all defendants remain free.