O This study has examined the ethical role of the Brazilian State via the National Health Surveillance Agency in intervening in the advertising of products that may have a negative impact on the health of the population. On the basis of the references of the Bioethics of Intervention – a critical and solidarity-based utilitarist approach which considers social production relationships and human interrelations, giving the State the role of protecting the interests of individuals in vulnerable situations – an analysis of market ideology has been carried out which supports a discourse contrary to public intervention. The study referred to five flagship cases related to the topic: smoking products, alcoholic beverages, medicines, food in general and children’s food. As a methodology, the legislative interpretation of the country’s legal system was used, linking the data obtained with the subject matter of the present investigation: whether or not the State is involved in the advertising of products subject to surveillance. Research has led to the conclusion that State intervention is legitimate in order to protect the user population, who is always vulnerable in this unilateral consumption relationship.