COLOMBIA Law and Practice Contributed by: Juan Carlos Uribe and Sandra Ávila-González, Triana, Uribe & Michelsen
If a comparison is made with another product, the environmental characteristics of both products must be specified. 2.7 Disclosures All disclaimers should be audible or visible, easy to read and understandable. If the font is excessively small or the speed at which disclaimer is read is excessively fast, the disclosure may be deemed unac - ceptable even if what it states is accurate. 2.8 Other Regulated Claims General rules apply to all types of claims. However, there is ample room for interpretation regarding the validity of claims such as “Made in Colombia” if only a portion of the product’s components is from Colom - bia, or if only some of the manufacturing takes place within its borders. While there are rules to determine the tariffs on imports, they cannot be extrapolated to finished products. Concerning statements such as “contains fruit juice”, made for concentrated products with minimal real fruit juice content, the Health Ministry has relied on the technical specifications of the product to determine whether the advertising is accurate. 3. Limitations and Special Laws 3.1 Representation and Stereotypes in Advertising There are no special rules regarding stereotyping in advertising or inclusion, diversity and equity, other than the prohibition of discriminative statements on the basis of race, religion or gender (treated according to the basic laws governing advertising). 3.2 Children Decree 975 of 2014 asserts that, in addition to the general rules of advertising, when aimed at children and teenagers, adverts must take account of the maturity level of the target age group and not treat all children the same. The advertiser must: • avoid the use of images, text and visual or audi - tory elements that do not correspond to the actual operation or characteristics of the product;
• provide accurate information such that a child and/ or adolescent could assemble and operate the product; • not exaggerate the size, nature, durability and uses of the product; • specify whether any batteries or accessories shown in the advertisement are included in the product’s packaging or sold separately, and whether they are required for the operation of the product; • in cases where text or multimedia messages that involve a cost to the consumer must be sent, the cost must be stated, and children and/or adoles - cents must be warned that, prior to making the call or sending the message, he/she must request authorisation from his/her parents; • not use images or information related to sexual, violent or discriminatory content, or to content that promotes conduct contrary to morals and good customs; • not use images or information related to the consumption of narcotics or alcoholic beverages, except in the case of prevention campaigns; • not use images, text, visual or auditory elements that suggest to a child and/or adolescent that not acquiring or using a product may result in a lack of social acceptance; • not state or imply that a food or beverage can replace any of the three daily meals (this require - ment applies regardless of the potential veracity of any such claim); and • not use qualitative expressions, diminutives or adjectives regarding the price of the product. 3.3 Dark Patterns General rules apply to “dark patterns” in advertising. Suppliers and producers must provide consumers with clear, truthful, sufficient, timely, verifiable, under - standable, accurate and relevant information on the products they offer, but no specific Colombian regula - tion describes what could constitute a “dark pattern”. Thus, this issue must be analysed within the unique context of the advertising piece in question. 3.4 Sponsor Identification and Branded Content General rules apply to sponsor identification or brand - ed content. Moreover, the Colombian Consumer Pro -
55 CHAMBERS.COM
Powered by FlippingBook