COLOMBIA Law and Practice Contributed by: Juan Carlos Uribe and Sandra Ávila-González, Triana, Uribe & Michelsen
• the nature and characteristics of the advertiser, such as their identity, assets, qualifications and industrial, commercial or intellectual property rights, as well as any awards or distinctions they have received, are false or misrepresented; • other information necessary to fully understand the advertisement is lacking; • the quality or quantity of the product or service is decreased, or its price is increased, in a non-trans - parent manner; • information on restrictions, limitations, exceptions and additional conditions for the acquisition of the product or service is not included in the advertise - ment; • products or incentives with deficiencies or imper - fections, or that have already been used, are remanufactured, remodelled or reconstructed, are close to expiry or are from previous collections or models are offered without indicating these circum - stances clearly and precisely in the advertising; • products, services or incentives are offered free of charge when their delivery is in fact subject to the fulfilment of some condition/s by the consumer not indicated in the advertisement; or • information essential for the proper handling, main - tenance or use of the good or service, as well as information about possible risks, is not provided in Spanish or is misrepresented. 2.2 Regulation of Advertising Claims In principle, any assertion made by the advertiser must be truthful and in accordance with the available information. Suppliers and producers must provide consumers with clear, truthful, sufficient, timely, veri - fiable, understandable, accurate and suitable informa - tion about aspects of the products or services they offer, including: • instructions for the correct use, consumption, care and installation of the product or service; • the quantity, weight or volume, if applicable – the units used must correspond to those established in the International System of Units or to the custom - ary units of measurement for the product; • the expiry date, where applicable – in the case of perishable products, the expiry date must be clearly indicated on labels, containers or packag - ing, in accordance with their size and appearance;
• the specifications of the good or service. • information from the supplier: • any guarantees; and • the price.
Claims that cannot be objectively verified/measured, and puffery, are being increasingly challenged by the regulatory bodies, although in some cases they are allowed (largely depending on context and the nature of the product or service). 2.3 Substantiation of Advertising Claims To substantiate a claim, it is necessary to obtain tech - nical or scientific support from, for example, a study Product demonstrations must provide consumers with clear, truthful, sufficient, timely, verifiable, under - standable, accurate and suitable information. The consumer must be informed of the conditions in which the demonstration was performed. Paid actors cannot be misrepresented as genuine consumers even if they have consumed or used the product/service. or an independent expert opinion. 2.4 Product Demonstrations If the demonstration involves a comparison, the com - parator product must be clearly established and of an equivalent nature. 2.5 Endorsements and Testimonials The advertiser must obtain the testifier’s authorisation to use their name in association with the product. The testifier can be jointly and severally liable for its claims or opinions if advertising rules are breached. It must be clear that the testimony represents an endorse - ment, independent opinion, belief or experience. 2.6 Environmental Claims Environmental claims should be: • objective and verifiable; • supported by technical studies; • not misleading; and • clear in terms of whether they pertain to the whole product, a portion or component thereof or the packaging.
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