SPAIN Trends and Developments Contributed by: Rubén Canales and Ignacio Temiño, Abril Abogados
• individuals or characters, whether real or fictional, whose popularity is associated with minors; and • pregnant women, even with their consent. Moreover, advertising aimed at minors cannot use language, arguments, styles, typography, or designs associated with youth culture, nor can it link alco - hol consumption to improved physical performance, social or sexual success. The use of ambiguous or misleading terms that could confuse minors is also prohibited. In addition to banning advertising in areas where alco - hol consumption is prohibited, the Draft Bill restricts advertising on public roads or areas visible from them. However, limited advertising (restricted to the trade name, company name, and symbols of the produc - ing companies) would be permitted on public roads, provided it is not located within 200 metres of places frequented by minors, such as educational centres, healthcare facilities, parks, and playgrounds. The Draft Bill also addresses the sale of alcohol, aim - ing to protect minors by limiting the display of alco - holic beverages. Following the public consultation, the bill will require reports from other ministries and relevant administra - tive bodies before moving forward with parliamentary consideration. In addition, stronger restrictions on advertising and labelling in the tobacco industry are on the horizon. The National Committee for Tobacco Prevention (CNPT) is advocating for plain packaging require - ments to be extended to e-cigarettes, nicotine pouches, and related products, alongside traditional tobacco products. The Ministry of Health is consider - ing reforms that include not only plain packaging but also increasing tobacco prices, expanding smoke-free areas, conducting promotional campaigns, and offer - ing enhanced support programmes to help people quit smoking. The Ministry of Consumer Affairs has also initiated procedures to eliminate the automatic renewal of ser - vices contracted through the internet, such as music
services, video-on-demand (VOD) or video game plat - forms. The Ministry has announced that this measure will be included in the new Consumer Service Law, which is currently being processed. This measure targets subscriptions that begin with a free trial period and automatically renew upon expiry, as well as annually renewable subscriptions and similar arrangements. Under the proposed rules, platforms will be required to notify users fifteen days before their subscription period expires. This advance warning will allow users to communicate their intention not to renew the ser - vice whilst ensuring they are properly informed about the expiry date and the consequences of failing to cancel the automatic renewal. The objective is to prevent users from inadvertently paying for automatic service renewals due to over - sight, thereby promoting more conscious consump - tion of contracted services. The final approved text and scope of these measures will only become clear once the regulations have been processed and formally approved. Advertising and Marketing Disputes in Court – Judicial Developments Due to the established practice of resolving advertis - ing disputes through Autocontrol, the number of cases brought before civil courts is notably low. Advertising complaints fall within the scope of the Unfair Com - petition Act, meaning they must be resolved by com - mercial courts, which are often heavily burdened. As a result, first-instance proceedings can take over a year to conclude. Rulings from commercial courts are subject to appeal before the provincial appeal courts ( Audiencias Provinciales ). One notable ruling in the field of advertising law is the judgment issued by the Provincial Appeal Court of Madrid, which confirmed that a campaign carried out by a group of dental clinics via influencers on social networks and their website constituted “surreptitious advertising” and was unfair. The judgment, dated 5 December 2023, upheld the decision made by the first-instance court, ruling that the advertising cam - paign was both unfair and in breach of specific regu -
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