EL SALVADOR Law and Practice Contributed by: Marcela Mancia, IDEAS IP
1.10 Taste and Cultural Concerns Advertisers are urged to have respect for local cus - toms and not to parody or mock El Salvador’s culture. 1.11 Politics, Regulation and Enforcement The regulation of advertising in El Salvador has been impacted by concerns regarding children’s advertis - ing, women’s rights, diversity and inclusion, discrimi - nation, stereotypes and sexual advertisements.
including products that share one or more specific attributes, unless supported by verifiable information. When advertisers make claims about a product, they must have sufficient supportive evidence (eg, testimo - nials or scientific information). 2.5 Endorsements and Testimonials The Advertising Self-Regulation Code, Articles 18–20, applies to the use of endorsements and testimoni - als in advertising. Testimonials must not contain any claims or visual representations that could be con - sidered misleading. Furthermore, testimonials that for whatever reason have ceased to be valid as support for statements made in an advertisement should not continue to be used. The use of models dressed in uniforms or attire that represents the characteristic of a profession, trade or occupation should not mislead the consumer. If the model is a legally accredited professional or techni - cian, this must be clarified in the advertisement with reference to their licence or registration. The use of lookalikes or identifiable images requires authorisation by the person being imitated. Finally, publicity and advertisements related to doctors or pharmacists are regulated by the Medicines Act, as well as by the Guide to Advertising Medicines. 2.6 Environmental Claims The Advertising Self-Regulation Code states that advertisements that directly or indirectly encour - age pollution of air, water, forests and other natural resources are not acceptable. Actions leading to the extinction or inappropriate exploitation of fauna, flora and other natural resources – and the inappropriate use of natural resources and pollution of urban areas – are also unacceptable. Claims such as “not harmful to the environment” and “ecologically safe”, and other similar claims that a product or activity does not impact the environment or only does so positively, should not be made unless there is true scientific information and verifiable evi - dence supporting them.
2. Advertising Claims 2.1 Deceptive or Misleading Claims
Factors considered when determining whether claims are deceptive or misleading include the following. • The characteristics of the goods, activities or ser - vices, such as: (a) their geographical or commercial origin, nature, composition, destination, purpose, suitability, availability and newness; (b) their quality, quantity, category and specifica - tions; (c) the method and date of manufacture, supply or provision; and (d) the results that can be expected from their use. • The full price of the product and the method used to determine it. • The legal and economic conditions for the acqui - sition, use and delivery of goods or provision of services. • The reasons for an offer or promotion. • The nature, qualifications and rights of the adver - tiser. 2.2 Regulation of Advertising Claims No information has been provided in this jurisdiction. 2.3 Substantiation of Advertising Claims The types of substantiation generally required to sup - port advertising claims are typically testimonials, sci - entific information, the special characteristics of the products and/or services, and the results of studies. 2.4 Product Demonstrations The Advertising Self-Regulation Code prohibits the comparison of products in advertisement campaigns,
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