Definitive global law guides offering comparative analysis from top-ranked lawyers
CHAMBERS GLOBAL PRACTICE GUIDES
Advertising & Marketing 2025 Definitive global law guides offering comparative analysis from top-ranked lawyers
Contributing Editor Jeffery A. Greenbaum Frankfurt Kurnit Klein & Sellz
Global Practice Guides
Advertising & Marketing Contributing Editor Jeffrey A. Greenbaum Frankfurt Kurnit Klein & Selz
2025
Chambers Global Practice Guides For more than 20 years, Chambers Global Guides have ranked lawyers and law firms across the world. Chambers now offer clients a new series of Global Practice Guides, which contain practical guidance on doing legal business in key jurisdictions. We use our knowledge of the world’s best lawyers to select leading law firms in each jurisdiction to write the ‘Law & Practice’ sections. In addition, the ‘Trends & Developments’ sections analyse trends and developments in local legal markets. Disclaimer: The information in this guide is provided for general reference only, not as specific legal advice. Views expressed by the authors are not necessarily the views of the law firms in which they practise. For specific legal advice, a lawyer should be consulted. Content Management Director Claire Oxborrow Content Manager Jonathan Mendelowitz Senior Content Reviewers Sally McGonigal, Ethne Withers, Deborah Sinclair and Stephen Dinkeldein Content Reviewers Vivienne Button, Lawrence Garrett, Sean Marshall, Marianne Page, Heather Palomino and Adrian Ciechacki Content Coordination Manager Nancy Laidler Senior Content Coordinators Carla Cagnina and Delicia Tasinda Content Coordinator Hannah Leinmüller Head of Production Jasper John Production Coordinator Genevieve Sibayan
Published by Chambers and Partners 165 Fleet Street London EC4A 2AE Tel +44 20 7606 8844 Fax +44 20 7831 5662 Web www.chambers.com
Copyright © 2025 Chambers and Partners
Contents
INTRODUCTION Contributed by Jeffrey A. Greenbaum, Frankfurt Kurnit Klein & Selz p.4
HONG KONG SAR, CHINA Law and Practice p.169 Contributed by Angus Forsyth & Co Trends and Developments p.185 Contributed by Angus Forsyth & Co ITALY Law and Practice p.189 Contributed by Tavella Avvocati Associati
BRAZIL Law and Practice p.7
Contributed by Magalhães e Dias Trends and Developments p.25 Contributed by Magalhães e Dias CANADA Law and Practice p.30 Contributed by McCarthy Tétrault
JAPAN Law and Practice p.202 Contributed by Ikeda & Someya
COLOMBIA Law and Practice p.49 Contributed by Triana, Uribe & Michelsen Trends and Developments p.62 Contributed by Triana, Uribe & Michelsen
MALTA Law and Practice p.210 Contributed by AE Legal
POLAND Law and Practice p.227 Contributed by Sołtysiński Kawecki & Szlęzak Trends and Developments p.244 Contributed by Sołtysiński Kawecki & Szlęzak
CYPRUS Law and Practice p.66 Contributed by George Z Georgiou & Associates LLC Trends and Developments p.82 Contributed by George Z. Georgiou & Associates LLC
SPAIN Law and Practice p.249 Contributed by Abril Abogados Trends and Developments p.268 Contributed by Abril Abogados SWITZERLAND Law and Practice p.273 Contributed by MLL Legal Trends and Developments p.291 Contributed by MLL Legal
CZECH REPUBLIC Law and Practice p.87 Contributed by Randl Partners EGYPT Law and Practice p.105 Contributed by Eldib & Co Trends and Developments p.115 Contributed by Eldib & Co EL SALVADOR Law and Practice p.119 Contributed by IDEAS IP Trends and Developments p.130 Contributed by IDEAS IP FRANCE Law and Practice p.132 Contributed by Orasis Avocats
UK Law and Practice p.296
Contributed by Lee & Thompson LLP Trends and Developments p.313 Contributed by Lee & Thompson LLP USA Law and Practice p.321 Contributed by Frankfurt Kurnit Klein & Selz Trends and Developments p.338 Contributed by Frankfurt Kurnit Klein & Selz
GHANA Law and Practice p.150 Contributed by Integrated Legal Consultants Trends and Developments p.164 Contributed by Integrated Legal Consultants
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INTRODUCTION
Contributed by: Jeffrey A. Greenbaum, Frankfurt Kurnit Klein & Selz
Frankfurt Kurnit Klein & Selz was founded nearly 50 years ago as a boutique law firm servicing the en - tertainment and arts communities in New York City and now provides the highest-quality legal services to clients in a wide range of industries and disci -
plines worldwide. Frankfurt Kurnit’s advertising prac - tice – which is counsel to many of the USA’s leading brands, advertising agencies and platforms – is uni - versally recognised as one of the leading advertising and marketing practices in the USA.
Contributing Editor
Jeffrey A. Greenbaum has been the managing partner of Frankfurt Kurnit Klein & Selz since 2010 and is one of the USA’s leading advertising lawyers. He has decades of experience representing advertisers, advertising
agencies, platforms, and others on a wide variety of advertising and IP matters. Jeffrey is chairman of the Global Advertising Lawyers Alliance, vice-chairman of the ICC Global Marketing and Advertising Commission, and secretary of the board of the International Advertising Association. Recently, he served as chairman of the jury for the International Council for Advertising Self-Regulation (ICAS)’s Global ICAS Awards. In addition, Jeffrey is a member of the Institute for Advertising Ethics Advisory Council.
Frankfurt Kurnit Klein & Selz 28 Liberty Street
New York NY 10005 USA
Tel: +1 212 826 5525 Fax: +1 347 438 2104 Email: jgreenbaum@fkks.com Web: www.fkks.com
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INTRODUCTION Contributed by: Jeffrey A. Greenbaum, Frankfurt Kurnit Klein & Selz
Substantiating advertising claims It should come as no surprise that advertising laws around the world generally require marketers to ensure that their claims are truthful and not misleading and that they have proof to back them up. Ensuring that claims are truthful and properly substantiated is certainly an important first step in any global market - ing campaign. Marketers should pay close attention, however, to the differences in how claims are inter - preted, to country-specific rules for making certain types of claims, to the level of proof required to back up their claims, and to what obligations marketers have to make that proof available to the public. Although there are many developments in this area globally that may impact marketers, one trend that is worth paying attention to is the increasing importance that legislators and others are placing on obtaining third- party certification of claims being made. There is also increased interest in requiring marketers to be transpar - ent about the support that they have for their claims. Complying with local laws and cultural norms It should also not be too much of a surprise to market - ers that some marketing practices that are perfectly legal in one jurisdiction – such as comparative adver - tising, advertising of alcohol, or inviting consumers to enter for a chance to win a prize – are going to be heavily restricted or prohibited in others. Although there are certainly many similarities among countries’ laws, there is simply no substitute for getting local advice from experienced advertising counsel about planned advertising campaigns. Getting expert local advice helps with more than just legal compliance, however. Often, the trouble that advertisers run into when advertising in foreign jurisdic - tions relates less to legal compliance and more to sim - ply not understanding the cultural norms in that country. For example, an advertising campaign that references religion or politics in one country may not cause con - sumers to blink an eye, while in another it could cause widespread offence (or even violate the law). Enforcement and litigation often tracks key consumer concerns The development of new advertising rules, the are - as where regulators and self-regulators focus the
From AI to Environmental Marketing: How Advertising and Marketing Laws Are Evolving Globally We live in a global marketplace. Whether relying on traditional distribution channels or the opportunities posed by e-commerce, marketers are looking globally to advertise and sell their products and services. While this ever-expanding marketplace provides enormous opportunities for brands, it also presents significant compliance challenges that are becoming even more difficult to navigate in today’s very complicated geo - political environment. Advertising is heavily regulated around the world and, in some cases, the laws governing advertising and marketing practices in countries can vary widely. Jurisdictions also approach the regulation of adver - tising in many different ways. Some rely on general consumer protection laws, others have detailed rules that govern specific marketing practices, and some rely more heavily on advertising self-regulatory organi - sations. There are also significant differences in the level of oversight that jurisdictions provide before advertising is published. For example, some jurisdictions require most advertising materials to be approved before publication, while others only require certain types to be pre-approved. In some places, self-regulatory and media organisations play an important role in pre- approving advertising as well. There are also jurisdic - tions where few, if any, pre-approvals are required. The legal risks that marketers face around the world also vary widely. Some jurisdictions have regulators that aggressively challenge advertising claims, while others have regulators that rarely take action. Although many jurisdictions also have advertising self-regulato - ry programmes that provide guidance on advertising practices, bring challenges, and resolve advertising disputes, others do not. Private litigation – challenges both by competitors and consumers – plays an impor - tant role in policing advertising claims in some juris - dictions, while other jurisdictions are far less litigious. The remedies that are available vary widely as well, depending on how the claims are brought.
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INTRODUCTION Contributed by: Jeffrey A. Greenbaum, Frankfurt Kurnit Klein & Selz
enforcement efforts, and the types of private lawsuits that are brought often closely track the kinds of issues that cause widespread concern for consumers around the world. As a result, there are often significant devel - opments related to certain types of marketing prac - tices in many jurisdictions at around the same time. The widespread, increased concern over climate change is leading regulators and others to pay much closer attention to environmental marketing. In a num - ber of jurisdictions, not only are we seeing new laws and self-regulatory guidance coming into effect, but there is an increase in enforcement and private litiga - tion as well. With the environmental marketing land - scape having changed so much in the past decade, regulators and others are attempting to provide the rules of the road for the types of claims that marketers are using today, such as claims about sustainability and carbon neutrality. As so much of the global economy is dependent on the online ecosystem, there is also a great deal of attention being paid around the world to marketing on the internet and the ways in which online marketing can harm consumers and competition. One core principle that marketers should be aware of is that consumers generally have the right to know when they are being advertised to. Although the defi - nition of what constitutes “advertising” varies by juris - diction, advertisers should ensure ‒ when engaging influencers to speak on their behalf, when producing native advertising, or when engaging in other market - ing practices where it may not be clear to consumers what is happening ‒ that they clearly and conspicu - ously disclose to consumers that they are, in fact, being exposed to advertising. Regulators and self-regulatory authorities around the world are also becoming increasingly concerned about the use of so-called “dark patterns”, which are commonly understood to be online design practices that trick or manipulate users into making choices they would not otherwise have made or that may cause harm. Dark patterns can take many forms, such as deceptive advertising formats, claims that cre - ate undue urgency, coercive advertising techniques (such as shaming consumers into making a particular
choice), or preventing consumers from easily cancel - ling a subscription. While the rules and self-regulatory guidance on dark patterns are still evolving, adver - tisers should consider upfront whether they are just engaging in effective marketing or whether their mar - keting practices will be seen as improperly coercive. The use of online disclosures is getting increased atten - tion as well. When disclosures are required to ensure that an advertising claim is not misleading, regulators are asking the question of whether online disclosures are effective. Although “one click away” may have been sufficient 20 years ago, this is less likely to be the case today. As the US Federal Trade Commission has expressed recently, in order for an online disclosure to be effective, it should be “unavoidable”. The rise of AI poses tremendous opportunities for marketers and consumers, but regulators and legis - lators are already expressing serious concerns about the potential harm that AI can cause, which is leading to new rules and guidance. As this area continues to evolve, at a minimum, marketers should ensure that they do not use AI tools in ways that can harm or deceive consumers. Marketers should also pay close attention to local rules – which vary widely – about their obligation to disclose when generative AI has been used to produce advertising materials. Final word Preventing serious consumer harm – whether online or offline – continues to drive many regulatory and self- regulatory developments around the world. Advertis - ers are well-advised to exercise extra caution when making health claims, advertising unhealthy food, pro - moting products that can cause consumers serious financial harm, and marketing to children and other more vulnerable audiences. The country-by-country guidance presented in this guide provides a great introduction to these and many other important advertising law issues. While there is no substitute for engaging expert counsel in the relevant jurisdiction to advise you, this guidance will prompt readers to begin thinking about these topics and should give a good sense of some key issues to consider when developing marketing campaigns.
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BRAZIL
Colombia
Ecuador
Brazil
Peru
Brasilia
Bolivia
Law and Practice Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu Magalhães e Dias
Rio de Janeiro São Paulo
Paraguay
Chile
Argentina
Contents 1. Legal Framework and Regulatory Bodies p.9 1.1 Primary Laws and Regulation p.9 1.2 Enforcement and Regulatory Authorities p.10 1.3 Liability for Deceptive Advertising p.10 1.4 What Is Advertising? p.11 1.5 Pre-Approvals p.11 1.6 Intellectual Property and Publicity Rights p.11 1.7 Self-Regulatory Authorities p.11 1.8 Private Right of Action for Consumers p.12 2.1 Deceptive or Misleading Claims p.12 2.2 Regulation of Advertising Claims p.13 2.3 Substantiation of Advertising Claims p.13 2.4 Product Demonstrations p.13 2.5 Endorsements and Testimonials p.13 2.6 Environmental Claims p.13 2.7 Disclosures p.14 2.8 Other Regulated Claims p.14 3. Limitations and Special Laws p.14 3.1 Representation and Stereotypes in Advertising p.14 3.2 Children p.15 3.3 Dark Patterns p.15 3.4 Sponsor Identification and Branded Content p.15 3.5 Special Rules for Native Advertising p.15 4. Comparative Advertising and Ambush Marketing p.15 4.1 Specific Rules or Restrictions p.15 1.9 Regulatory and Legal Trends p.12 1.10 Taste and Cultural Concerns p.12 1.11 Politics, Regulation and Enforcement p.12 2. Advertising Claims p.12
5. Social/Digital Media p.17 5.1 Special Rules Applicable to Social Media p.17 5.2 Liability for Third-Party Content p.17 5.3 Disclosure Requirements p.17 5.4 Requirements for Use of Social Media Platforms p.17 5.5 Influencer Campaigns and Online Reviews p.18 6. Privacy and Advertising p.19 6.1 Email Marketing p.19 6.2 Telemarketing p.19 6.3 Text Messaging p.20 6.4 Targeted/Interest-Based Advertising p.20 6.5 Marketing to Children p.20 6.6 Other Rules p.21 7. Sweepstakes and Other Consumer Promotions p.21 7.1 Sweepstakes and Contests p.21 7.2 Contests of Skill and Games of Chance p.21 7.3 Registration and Approval Requirements p.21 7.4 Free and Reduced-Price Offers p.21 7.5 Automatic Renewal/Continuous Service Offers p.21 8. Artificial Intelligence p.22 8.1 AI and Advertising Content p.22 8.2 AI-Related Claims p.22 8.3 Chatbots p.22 9. Web 3.0 p.22 9.1 Cryptocurrency and Non-Fungible Tokens (NFTs) p.22 9.2 Metaverse p.23 10. Product Compliance p.23
10.1 Regulated Products p.23 10.2 Product Placement p.24 10.3 Other Products p.24
4.2 Competitor Copyrights and Trade Marks p.16 4.3 Challenging Comparative Claims Made by Competitors p.16 4.4 Ambush Marketing p.16
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BRAZIL Law and Practice Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
Magalhães e Dias is considered one of the most es - tablished boutique law firms in Brazil. It was found - ed in 1980 and is headquartered in Sao Paulo, with a branch in Brasilia. The firm’s team comprises 25 highly qualified professionals (lawyers and econo - mists) who assist clients in complex cases involving antitrust, consumer and regulatory law and inter - national trade. Today, at least seven lawyers are in - volved in the legal marketing practice. Recent work
includes advocacy projects for the Brazilian Advertis - ers Association and the Brazilian Food Industry As - sociation; validation and defence of all claims and ad campaigns ran by Unilever, especially in the areas of home care, personal care, beauty and nutrition; rep - resentation in cases involving comparative ads (Uni - lever (Hellman’s) v Kraft Heinz); and participation in cutting-edge discussions (eg, on ad campaigns in - volving digital influencers and environmental claims).
Authors
Lucia Ancona Lopez de Magalhães Dias heads the legal marketing and regulatory practices at Magalhães e Dias. She covers the full spectrum of consumer and regulatory matters, being particularly engaged in litigation
Camila Emi Tomimatsu holds a PhD summa cum laude in International Trade Law from the University of São Paulo and an LLM from Harvard Law School. She completed the International Trade Law Research and
and advisory work regarding consumer and advertising law, and has over 24 years of experience in the field. Lucia holds a Doctorate in Consumer Law from the University of Sao Paulo, is a guest professor at renowned institutions and has authored several publications, including the book “Advertising and Law” (Publicidade e Direito, third edition). She is currently a member of IBRAC’s Council and Consumer Committee and director of BRASILCON.
Complementary Studies Programme of the Brazilian Ministry of Foreign Affairs in Geneva. Camila has vast knowledge of regulatory and advertising matters, as well as comparative law, with over ten years of experience in this field. She performs advisory work, acts in administrative proceedings and makes important contributions to public consultations and discussions on draft legislation regarding the regulation of advertising in Brazil.
Maria Fernanda Saab Nersessian majored in law at Pontifícia Universidade Católica de São Paulo (PUC-SP) and holds a Master’s in Civil Law from the University of São Paulo. She has a degree in Consumer
Law from Escola Paulista de Magistratura and took part in an extension course on anti-competitive conduct from Fundação Getúlio Vargas. She acts in consumer law, legal marketing and regulatory cases, advising on consultancy and administrative and judicial proceedings, as well as in cases before CONAR. She has over ten years of experience in this field.
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BRAZIL Law and Practice Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
Magalhães e Dias Advocacia R Armando A Penteado, 304
Pacaembu São Paulo CEP 01242-010 Brazil Tel: +55 11 3829 4411
Email: lm@magalhaesdias.com.br Web: www.magalhaesdias.com.br
1. Legal Framework and Regulatory Bodies 1.1 Primary Laws and Regulation General Rules: The Consumer Defense Code (CDC; Law 8078/90) The CDC is the main law governing advertising and marketing in Brazil, being applicable to all sectors and products. Broadly speaking, the CDC: • prohibits deceptive advertising (Articles 37.1 and 37.3) and abusive advertising, understood, inter alia, as discriminatory messages that exploit fear or superstition, violate environmental rules or take advantage of children’s less developed judgement and naivety (Article 37.2); • establishes that all advertising must be easily identifiable as such (the principle of “identification” forbids hidden advertising – Article 36); and • requires the supplier to keep any factual, technical and scientific data that supports ads (Article 36) – the burden of proof is always on the advertiser (Article 38). Specific Sectors Certain sectors are also governed by specific regula - tions; see 9.1 Regulated Products . “Clean City” Law In São Paulo and certain other municipalities, there are advertising bans on out-of-home advertising (OOH) and the use of rooftops and building sides, cars, bus - es, motorcycles and bicycles (Law 14,223/2006 and Decree 47950/2006). Advertisements in or on urban
properties, despite being permitted, must follow strict regulations. Economic Freedom Act Law 13,874/2019 prohibits so-called abuse of regula - tion by the state. Article 4, applicable to advertising, aims to prevent the abuse of restrictions on advertis - ing in any economic sector, except in cases expressly regulated by federal law. Brazilian Advertising Self-Regulation Council (CONAR) The Brazilian Advertising Self-Regulation Code ( Códi‑ go Brasileiro de Autorregulamentação Publicitária CBAP), drafted and applied by the Brazilian Adver - tising Self-Regulation Council ( Conselho Nacional de Auto‑Regulamentação Publicitária CONAR), details advertising limits for the different economic sectors. In 2021, CONAR issued the Digital Influencer Adver - tising Guidelines (the “Guidelines”), which contain instructions on the application of the rules of the CBAP to commercial content on social media platforms, in particular content generated by digital influencers. CONAR also launched good practice guidelines for online advertising aimed at children and issued a few technical notes on: • proposed warnings for the use of filters in adver - tisements; • the advertising of products and services making reference to COVID-19; and
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BRAZIL Law and Practice Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
• true representation of promotions on packaging and point-of-sale materials. 1.2 Enforcement and Regulatory Authorities In Brazil, advertising supervision may be performed either by federal, state or local administrative bodies (CDC Articles 55 and 82 and Decree 2181/97). The National Consumer Secretariat ( Secretaria Nacional do Consumidor SENACON), subordinate to the Ministry of Justice and Public Security, is the fed - eral administrative body that co-ordinates the National Consumer Protection System ( Sistema Nacional de Defesa do Consumidor SNDC). However, it does not have hierarchical authority over state or local agencies (PROCONs), which are responsible for consumer pro - tection and have administrative sanctioning authority. SENACON may issue ordinances and rules concern - ing CDC enforcement, including in relation to adver - tising, although advertising regulation through a rule other than one provided for in federal law is always controversial (Article 220 (3) and (4) of the Federal Constitution). SENACON can also apply injunctions’ measures and fines of up to BRL15 million. In the civil sphere, the Federal and State Public Pros - ecutor’s Office, the Public Defender’s Office and the legally constituted and authorised consumer pro - tection associations are also empowered to enforce the CDC (Article 82), and, by filing public interest civil actions, may seek to redress moral and material damages caused by deceptive or abusive advertising aimed at a community of consumers. Finally, CONAR is the self-regulatory authority respon - sible for the supervision of advertising compliance under the CBAP (see 1.7 Self-Regulatory Authorities ). 1.3 Liability for Deceptive Advertising Not only the advertiser, but also advertising agencies, communication vehicles and celebrities, can be held liable for deceptive advertising. Initially, case law held that only the advertiser was directly liable for the messages (Articles 36 and 38 of the CDC, which provide that the advertiser has the burden of proof in demonstrating the truthfulness
and accuracy of the advertising message). This under - standing was confirmed by the Superior Court of Jus - tice ( Superior Tribunal de Justiça STJ) in the Special Appeal ( Recurso Especial REsp – 604.172). However, more recently, advertising agencies have been sued along with the advertiser (REsp 1.676.750). There is also an interpretation that argues that all agents in the chain must be liable (Articles 7 and Article 25 (1) of the CDC). This understanding is in line with CONAR rules, which, despite merely constituting a code of ethics, circum - scribe and guide the advertising market (Article 45 (b), CBAP). Regarding individuals, punishment will be personal - ised in the case of a criminal offence; Articles 67–69 of the CDC establish the necessary requirements for advertising to be deemed deceiving and/or abusive. Misleading Offer The advertising agency should not be held liable for misleading offers since it is not liable for defective products or services, nor can it be compelled to meet the offer made to the consumer or even deliver an equivalent product. Communication Vehicles The media cannot control the overall message or accurately examine technical and scientific data. In principle, the liability of communication vehicles is not strict, although they may ultimately be liable if there is wilful intent or gross negligence. Celebrities/Influencers Celebrities lend their image, voice and prestige to pro - mote advertisers’ products. They do not participate in the advertising creative process, so, as a rule, receive the advertiser’s pre-prepared text, for which they can - not be held strictly liable. Furthermore, celebrities (and currently also influencers) are considered independent contractors who can only be held liable upon the pro - duction of evidence of wilful intent or gross negligence (Article 14 (4) of the CDC). An exception to this rule occurs when the influencer takes on the role of adver - tiser (as the owner of his/her own brand), objectively taking responsibility for its advertising initiatives.
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BRAZIL Law and Practice Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
Self-Regulation All parties participating in the creative advertising pro - cess can be held liable at the level of industry self- regulation, receiving CONAR guidance according to their liability. 1.4 What Is Advertising? What is considered advertising in Brazil is extremely broad in scope, covering all forms of media including sales promotions, packages, point-of-sale materials, free samples in the domain of retail, labelling and slo - gans, sponsored messages on blogs, social media and product placement. 1.5 Pre-Approvals In principle, Brazilian legislation does not require pre- approvals from the government or other authorities before running advertising. However, for products regulated by a health authority, the use of efficacy claims is subject to notification and, in some cases, only claims pre-approved by the authority may be used on submission of a prior study that substanti - ates such claims (see 9.1 Regulated Products ). 1.6 Intellectual Property and Publicity Rights Copyright Law (Law 9,610/1998) Music, drawings, photographs and graphical effects may only be used in advertising with the prior and express authorisation of the author to use their work (Articles 28 and 29), except in cases where the work is in the public domain (70 years from 1st of January of the year following the author’s death – Article 41), is from deceased authors who have not left successors or is that of an unknown author (Article 45). Graphics – ie, fonts used for text messages applied in advertising communications – are also protected by copyright law, since they are considered as “software” or computer programmes. Trade marks Under Law 9.279/96, a competitor’s brand cannot be used in advertising (Article 130, III). The excep - tion is comparative advertising focusing on a specific attribute of the compared product or service (see 4. Comparative Advertising and Ambush Marketing ).
CONAR specifies the need to respect copyrights and also protects creativity and originality, condemning any advertisement based on plagiarism or imitation (Articles 38, 39 and 41). 1.7 Self-Regulatory Authorities CONAR is responsible for the supervision of advertis - ing compliance under the CBAP. Self-regulatory rules, despite not being enforceable as law, bind all CONAR signatories, besides serving as a subsidiary source of law for judicial and administrative cases. The deci - sion on the merits is rendered, on average, within 60 days, with the possibility of a preliminary injunction being granted – which will immediately be enforced Proceedings can be initiated either on CONAR’s own initiative, by its associates (advertisers, agencies and communication vehicles) or by consumer com - plaint. Once the representation is instituted, the case is judged by one of the Ethics Council Chambers. Regardless of the result, a so-called ordinary appeal may be filed to the Special Appeal Chamber by the parties or, in cases initiated on CONAR’s own initia - tive, by CONAR’s executive director. by vehicles and advertisers. Proceedings and Processing A so-called extraordinary appeal is admitted only exceptionally, and may be filed by the losing party if (i) the decision rendered in the ordinary appeal was not unanimous (divergence) or (ii) it was based on an error resulting from procedural acts and documents. Remedies Should any advertisement be found in breach of CBAP rules, the Ethics Council may apply the follow - ing sanctions, cumulatively or otherwise: • a warning to the advertiser and its agency, or even to a celebrity or influencer who has been hired; • an amendment of, or change to, the advertisement; • cessation of the advertising campaign and the sub - poenaing of communication vehicles to discontinue display of the advert, for better enforcement of the remedy; and • although unusual, disclosure of CONAR’s posi - tion to the public (through the media) regarding the advertiser, agency and vehicle, in the case of
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BRAZIL Law and Practice Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
failure to enforce the recommended remedies and actions. 1.8 Private Right of Action for Consumers Advertising practices may be challenged by lawful consumer defence bodies – ie, the Public Attorney’s Office, the Program for Consumer Protection and Defense ( Programa de Proteção e Defesa do Consu‑ midor PROCON) and SENACON – either on behalf of society or by individual consumers. The civil liability that arises from deceptive or abusive advertising is a strict one, being based on enterprise risk theory. However, despite being strict, the duty to repair is not automatic, and the individual consumer must prove causation between the advertisement and the alleged damage, which must be concrete (and not potential, as in collective actions). 1.9 Regulatory and Legal Trends In the past 12 months, there have been important developments in longstanding issues and cases. One example is the approval of Bill No 2,628/2022 (the “Digital ECA”, named after Brazil’s Child and Adoles - cent Statute, known as the ECA), which was published in the Official Gazette under Law No 15,211/2025 and, inter alia, imposes an outright ban on profiling-based targeting of minors and the use of emotion analysis, as well as augmented/extended/virtual reality (AR/XR/ VR) techniques, for that purpose. Another interesting development was the holding of public hearings throughout the year on topics that could have an impact on the regulation of deceptive advertising for foods and medicines, such as the pub - lic hearing by the Brazilian Federal Supreme Court ( Supremo Tribunal Federal STF) to discuss the regula - tion of advertising for medicines and foods considered harmful to health, in the context of a relevant suit (the Direct Suit of Unconstitutionality – ADI 7788). Regarding self-regulation, 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.
In the context of AI, which is constantly under dis - cussion in Brazil, CONAR has ruled on several cases involving its use in advertising; among the main topics are deepfakes, failures in programmatic advertising of restricted products, inaccurate or misleading offers and ads engaging in stereotyping. 1.10 Taste and Cultural Concerns Brazil has a large and diverse population and enor - mous cultural richness. Brazilian advertising is marked by creativity, irreverence, humour and intelligence, and it often depicts diverse aspects of society. However, Brazilian audiences have proven highly judgmental with respect to inclusive and affirmative advertising, which is often misunderstood as being discriminator and perceived as segregating people or encouraging prejudiced attitudes. 1.11 Politics, Regulation and Enforcement Issues currently under the spotlight include advertise - ments of “ultra-processed” and high in fat, salt and sugar (HFSS) foods, as well advertising aimed at chil - dren – especially in digital spaces. Concerns in this regard motivated the approval and publication of the Digital ECA (Law No 15,211/2025), as well as the pub - lication of Resolution 245/2024 of the National Council for the Rights of Children and Adolescents ( Conselho Nacional dos Direitos da Criança e do Adolescente CONANDA) in April 2024, which sets forth rights for children and adolescents in the digital space, taking a more restrictive stance. Misleading advertising is defined in Article 37 (1) and (3) of the CDC as messaging that may deceive con - sumers as to the features of the advertised product or service (ie, its nature, quality, quantity, properties, origin, price or any other aspect), by omission or any other means (eg, ambiguity and/or inaccuracy). The CDC defines advertising that is deceptive by way of omission as that which fails to inform consumers of “essential information” related to the advertised prod - uct or service. Essential information may refer to the terms of an offer or the conditions of – or constraints 2. Advertising Claims 2.1 Deceptive or Misleading Claims
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BRAZIL Law and Practice Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
on – the enjoyment of a good or service. The decep - tive potential of an advertisement must be examined and accurately measured according to the impression that it creates (or may create) on its target audience. The regulation of deceptive advertising is not restrict - ed to the content. Advertisements that mask their commercial nature may be declared misleading due to breach of the principle of identification (Article 36 of the CDC). 2.2 Regulation of Advertising Claims The CDC does not regulate specific claims or advertis - ing techniques. However, all advertising must adhere to the principles of truthfulness, honesty and non- abusiveness. Moreover, certain sectors are subject to specific regulations (see 9.1 Regulated Products ). 2.3 Substantiation of Advertising Claims Article 36 of the CDC establishes the principle of “transparency” and requires advertisers to retain supporting factual, technical and scientific data. The scope of this legal requirement means that the bur - den of proof is on advertisers regarding the veracity of their claims. The same rule is provided in Article 27 (1) of the CBAP, compelling advertisers and agencies to provide fac - tual, technical or scientific evidence regarding any comparisons or descriptions whenever requested. Testing Neither Brazilian law nor self-regulatory rules establish specific standards for testing advertising claims; such analysis is done on a case-by-case basis. The law only requires that comparative ads claiming effective - ness or differences relative to market competitors be supported by testing (prior to the campaign), and the source (eg, a survey) of the claim must be referenced in the advertisement, even if in a footnote. 2.4 Product Demonstrations CONAR has recognised, on several occasions, the validity of campaigns that use product demonstra - tions (“demos”) as a visually entertaining way to high - light a benefit offered by a product, as long as the highlighted benefit is duly supported and proven by clinical testing. Demos are recognised as a creative
and valid resource to inform the consumer, through dramatisation, of a scientifically proven benefit, ren - dering technical information easy to understand for the average consumer. 2.5 Endorsements and Testimonials Testimonials are defined by CONAR as depositions, endorsements or certifications whereby an individual or legal entity, other than the advertiser, gives an opin - ion or reports its own experience or observations in relation to a product (Exhibit Q of the CBAP). Accord - ing to this definition, the classifications are as follows: • the testimonial of a specialist/expert; • the testimonial of a famous person; • the testimonial of a lay-person or consumer; and • a certification or endorsement issued by a legal entity reflecting its official opinion. Testimonial messages must truly reflect the benefits proclaimed, as well as the individual’s real impres - sions. Testimony does not exempt the supplier from proving the veracity of any claims made in an ad. 2.6 Environmental Claims Self-Regulation (Exhibit U of the CBAP) Article 36 of the CBAP (and its Exhibit U) states that advertising must reflect the advertiser’s liability towards the environment and sustainability, and must be guided by the principles of concreteness, veracity, accuracy and clarity, proof and sources, pertinence and relevance; it must also be free from absolute claims. Socio-environmental statements must be pertinent and relevant and accurately express the practices and/or attributes to which they refer. Thus, abso - lute claims without specific qualification will only be accepted if based on robust evidence that supports the whole scope of the action and/or attribute adver - tised therein. The CDC is also applied in cases where an environ - mental claim is found to be misleading – by deceiving the consumer about the real environmental impact of the advertised product – or lacks adequate support with respect to its veracity (substantiation).
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BRAZIL Law and Practice Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
The World Federation of Advertisers (WFA) Global Guidance on Environmental Claims, translated and published in 2022 by the Brazilian Association of Advertisers (ABA), highlights important concepts and parameters applicable to environmental claims. 2.7 Disclosures An advertisement must be clearly identified as such, regardless of its type or the broadcasting medium (Article 28 of the CBAP). When the advertisement’s nature is not evident due to the context, it is necessary to include disclosures. The CBAP states that an advertisement in newsprint, article, news, text caption or any other form published upon payment of a given amount shall be properly distinguished from editorial content (Article 30). With respect to social media, where it is difficult to distinguish advertisements from editorial content, written disclosure is strongly recommended through the appropriate means provided by the platforms, and also by the user through the use of hashtags (#adver - tising, #paid partnership, etc) – before the “more” but - ton. 2.8 Other Regulated Claims HFSS Food Labelling Brazilian legislation regulates claims on food label - ling in a specific manner. Collegiate Board Resolu - tion ( Resolução da Diretoria Colegiada (RDC)) 429/20 and Normative Instruction ( Instrução Normativa (IN)) 75/20 introduced new rules for the front-of-package (FOP) nutritional labelling of packaged foods, and for nutritional claims. It is currently mandatory to adopt FOP labelling for foods that have high added sugar, saturated fat and sodium contents, in accordance with the criteria established in Article 18, et seq, of RDC 429/20 and Annex XV of IN 75/20, through the use of a specific image to communicate high content
“zero”, etc), and when making comparative nutritional claims, etc. The health surveillance legislation also contains principles-based rules, established mainly in RDC 727/22, which restrict communication regarding food additives, in addition to other communications that, although not expressly regulated, can be monitored by health surveillance bodies and/or consumer pro - tection agencies in terms of veracity and the possibil - ity of misleading consumers regarding the real nature, composition, origin, type, quality, quantity, validity, food yield/portions or uses of a food. Geographical Origin Geographical origin-related restrictions are estab - lished by RDC 727/22, and by the Industrial Property Law (Law 9,279/1995). Claims With Health Appeal Although Brazil does not have specific regulations for generic claims, there are several restrictions pertain - ing to the correctness and veracity of the expression of such claims, as the authorities understand that generic claims lacking support are liable to mislead consumers. Regarding food for which functional properties are claimed, please see 9.1 Regulated Products . Regard - ing environmental claims, please see 2.6 Environmen- tal Claims . 3. Limitations and Special Laws 3.1 Representation and Stereotypes in Advertising There are no specific rules in Brazil addressing ste - reotypes, inclusion, diversity and equity in advertising. However, the Brazilian Federal Constitution (Article 5) and the CDC (Law 8,078/1990, Article 37, Section 2) prohibit any type of discrimination. In the same vein, CONAR provides that no advertise - ment shall encourage or stimulate any type of offence related to racial, social, political, religious or national discrimination (Articles 20 and 37 (1)(b)), and that advertisements shall be created within the scope of
of such nutrients. Nutritional Claims
The criteria defined in legislation (RDC 429/20 and Annexes XIX–XXI of IN 75/20) must be adhered to when communicating about high or low nutrient con - tent and/or energy (“source”, “rich in”, “high content”, “low”, “very low”, “does not contain”, “no added”,
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BRAZIL Law and Practice Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
the Brazilian social and cultural context (Article 27, Section 6 (c) of the CBAP). 3.2 Children Children are defined by the Child and Adolescent Stat - ute ( Estatuto da Criança e do Adolescente ECA) as people up to 12 years old. Marketing to children is regulated in Brazil by Article 37 (2) of the CDC, which establishes that advertising that takes advantage of children’s less developed judgment and limited expe - rience is abusive. Despite the CDC prohibiting only abusive advertising, decisions have been rendered by the STJ against “gift with purchase” promotions that grant gifts in the food sector. Brazil’s National Congress recently approved the Digi - tal ECA, as noted in 1.9 Regulatory and Legal Trends . Concerning advertising, the Bill imposes an outright ban on profiling-based targeting of minors and the use of emotion analysis, as well as AR/XR/VR techniques, for that purpose. Regarding self-regulation, CONAR provides a detailed list of rules to ensure that messages aimed at children are appropriate and respect their status as “develop - ing persons”. Besides dedicating a specific section of its Code (Article 37, et seq, of the CBAP) to chil - dren and teenagers, Annex H of CONAR also pro - vides several rules concerning the marketing of food to children. Moreover, CONAR’s Guidelines hold that advertise - ments must consider the target audience. The Self- Regulation Guidelines introduce a specific rule stat - ing that messages must be identifiable and distinct from the rest of the content (Item 1.1); 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 for identifying the advertising, as these are more easily noticed by children. 3.3 Dark Patterns There is no special law, regulation or guide that deals with dark patterns in advertising in Brazil. However, CONAR has already judged several cases involving the use of dark patterns in advertising, condemning advertisements based on misleading messages that
could manipulate consumers. Such cases are also addressed by the CDC, which condemns any type of abusiveness or exploitation of a consumer’s lack of experience. 3.4 Sponsor Identification and Branded Content There are no specific rules for sponsor ID and branded content. Therefore, the general principle of advertis - ing identification is applied: if a commercial element and brand are involved, their relation must be clear to consumers. 3.5 Special Rules for Native Advertising In Brazil, all advertising content must be identified as such. Native advertising (ie, advertising that resembles editorial content) must follow overall CDC and CONAR rules and principles, and cannot hide its commercial nature on penalty of being declared deceitful accord - ing to the presentation format (hidden advertising). CONAR’s Guidelines reinforce the principle of identi - fication provided for in the CDC and in self-regulation law. General Requirements of Comparative Advertising The CDC does not expressly mention comparative advertising, and this advertising technique is not pro - hibited. CONAR, however, has opted to expressly regulate comparative advertising, recognising it as customary market practice (Article 32 of the CBAP). Comparative advertising should be used only in rela - tion to goods and services of the same type or nature. CONAR further reinforces that the main purpose of comparative advertising should be to provide con - sumers with information. Therefore, any comparison should be based only on objective and provable data, and must rest on one or more fundamental elements of the comparative product or service, thus increasing the information available to the consumer. 4. Comparative Advertising and Ambush Marketing 4.1 Specific Rules or Restrictions
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BRAZIL Law and Practice Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
All comparative ads must be supported by technical data and satisfy the following criteria: • always objective and verifiable; • not aimed at causing confusion with respect to distinguishing between brands; • not disparaging towards a competing product or brand; and • not taking undue advantage of another company’s brand (parasitism). 4.2 Competitor Copyrights and Trade Marks As long as a comparison is true, objective and verifi - able with respect to one or more essential elements of a product or service, expressly identifying the com - peting brand in the advertisement is authorised. The direct comparative campaign ran by Rayovac can be highlighted here; it accentuated Rayovac batteries’ purported superior durability and lower price than those of Duracell, which was regarded by the STJ as pursuant to consumers’ interests (REsp 1.668.550). CONAR has also ruled – in several cases of direct comparative advertising – that proof and substantia - tion are needed for comparative claims. Comparative advertising, however, cannot “depreci - ate” a competitor’s brand or image – as occurs, for example, when an advertiser alludes to personal cir - cumstances of a competitor that are unrelated to the compared products or services, or uses offensive expressions or images. 4.3 Challenging Comparative Claims Made by Competitors Competitors may challenge the content of compara - tive advertising before both CONAR and the courts – in the latter case by filing unfair competition lawsuits (Law 9,279/96). Remedies regularly claimed include cessation of the advertising and claims for damages – both moral and material – for trade mark infringement. One of the most recent leading cases in the Brazilian food industry concerns misleading and comparative advertising displayed at one of the world’s largest pro - cessed food fairs, where the discussion has expanded to digital media. The advertisement in question com - pared the new Heinz mayonnaise to the market leader (Hellmann’s, owned by Unilever), alleging a superior
production process (“100% cold process”) that would yield a “fresher and creamier” product (compared to other processed mayonnaises). The lawsuit is based on Heinz’s failure to substantiate the alleged superi - ority and demonstrate that the 100% cold process would provide a fresher and creamier mayonnaise. 4.4 Ambush Marketing The first law that addressed ambush marketing in Bra - zil was the General World Cup Law (Law 12,663/2012), created specifically to regulate major International Federation of Association Football ( Fédération Inter‑ nationale de Football Association (FIFA)) sporting events that took place in Brazil between 2013 and 2014. This Law provided for the practice of ambush marketing by association or intrusion. However, fol - lowing the conclusion of the events, such provisions are no longer in force. This topic, however, has already been addressed within the scope of CONAR’s self-regulation, through Article 31 of the CBAP, which condemns undue and illegitimate advertising profits obtained through means of “ride” and/or “ambush” – ie, through invasion of the editorial or commercial space of a communica - tion vehicle. CONAR treats the issue of ambush marketing broadly, protecting sponsors of all major events and not just those of sporting events – see Representations 73/24 (Lollapalooza Music Festival), 33/23 (Carnaval), 247/22 (FIFA World Cup Qatar 2022) and 191/23 (alluding to sponsored soccer teams). More recently, the General Sports Law (Law 14,597/2023) was enacted, introducing a definition of ambush marketing by association or intrusion (Arti - cles 170 and 171) as well as reproducing the rule already introduced by CONAR (Article 160, Section 5º). This Law, however, focuses on the sports sector, being applied by analogy and associated with self- regulation in other sectors (concerts, parties, music festivals, etc).
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