BRAZIL Trends and Developments Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
advertising mostly targets children, who have less capacity for discernment, a limited vocabulary and limited linguistic knowledge. The Guidelines include a specific item (Item 1.1) stating that advertising mes - sages must be identifiable and distinct from the rest of the content; in the context of children, simply using hashtags (#) is not sufficient. For effective “material disclosure” in advertisements featuring audio and vid - eo elements, it is recommended that both written and verbal forms be used to identify the advertising com - ponents, as these are more easily noticed by children. Another significant trend in Brazil is the use of influ - encers to promote betting operators and online games, such as the aforementioned Fortune Tiger. Throughout 2025, social networks – particularly Ins - tagram – were saturated with influencer-led promo - tions, including instances involving creators under 18 years of age, which simulated favourable outcomes and touted “extra income” to consumers. CONAR took an active stance in curbing these irregular adver - tisements, given the gravity and scale of the issue. In 2025, CONAR case law has grappled with formats that reshape the concept of editorial control (eg, affiliate networks, creator programmes, employees’ LinkedIn posts, third-party content surfacing via “tagged” tabs and other non-traditional arrangements). Against this backdrop, an update of CONAR’s Influencer Guide - lines may be warranted, to reflect broader “communi - cation arrangements” that extend beyond strict edito - rial control. Environmental Claims in Advertisements and “Greenwashing” Regarding environmental claims, the CDC could be applied in cases where an environmental claim is found to be misleading; to deceive the consumer about the real environmental impact of the advertised product; or to lack adequate evidence to support its veracity (substantiation). Furthermore, concerning self-regulation, CONAR has a specific exhibit that outlines criteria to avoid mis - leading or abusive messages. Exhibit U of the CBAP states that advertising must reflect the advertiser’s liability towards the environment and sustainability,
and must be guided by the principles of concrete - ness, veracity, accuracy and clarity, proof and sourc - es, pertinence and relevance; it must also be free from absolute claims. Companies should advertise only pertinent and rele - vant benefits with respect to the global impact of their activities, and avoid conveying messages pertaining to absolute advantages since it is impossible to fully annul environmental impacts. In 2022, the ABA published the Guidelines on Sus - tainability Claims in Marketing and Communication (originally drafted in English by the World Federation of Advertisers (WFA) and rendered relevant to Bra - zil via the “Brazil Chapter”, added in 2022), detail - ing important concepts and parameters applicable to environmental claims and advertising and providing guidance on how to avoid the practice of greenwash - ing in advertising. It is worth mentioning that there was a bill (Bill 4,752/2012) aimed at requiring organisations and companies that use advertising about the environ - mental sustainability of their products or services to explain this on product labels and advertising mate - rial, as well as establishing sanctions for the practice of greenwashing. However, Bill 4,752/2012 was dis - missed in 2015. Currently, two other bills are under dis - cussion (Bill 4,740/2023 and Bill 1,008/2025). Though still in the early stages of discussion, the former bill aims to prevent companies convicted of environmen - tal infractions from using the fact of compliance with the sanction as a way of claiming good environmental practices, whilst the latter proposes amendment of the Consumer Code to expressly include the concept of greenwashing therein. Another relevant development is the creation by CON - AR of a Sustainability Working Group in April 2025, whose mission is to update self-regulation stand - ards to enable new socio-environmental claims while avoiding practices that could be classified as green - washing.
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