On December 4th, the Secretary of Commerce published the Resolution 915E / 2017 which simplifies the disclaimers advertising pieces must contain. The purpose of this resolution is to provide consumers with the necessary information and optimize the resources of advertisers and media.
In accordance with the new resolution, all advertisements of goods or services must comply with the requirements of not containing inaccuracies or concealments; In addition, the legends or disclaimers established as mandatory by national or provincial laws and their regulations should be included in the advertisement.
However, the new resolution states that the information concerning the essential characteristics of the goods and services that are advertised, as well as the conditions of their commercialization can now be published in a website or be informed by calling a toll free number (for example, the geographic scope of a promotion and participation requirements).
Undoubtedly, this Resolution will provide the necessary information to the consumer effectively since, until now, the advertising pieces contained a great amount of complimentary information that occupied valuable space and time of the ad piece. A clear example are the legal disclaimers (small print) at the end of the radio advertisements not announced at a reasonable speed in a way to be easily followed by consumers.
From now on, the information required for advertisements related to the essential characteristics of the goods and services that are advertised and the conditions of their commercialization may be informed to consumers in a web page or toll-free number. In this sense, advertisements should include the following phrases 'For more information see ... ', if the consumer is referred to a website, and 'For more information, please contact...' if he is referred to a toll-free number.
The Resolution states that, in no case, said phrases may overlap with others, nor with music, nor other sounds that could interfere in their clear understanding.
The Resolution is also clear in that the information available in the web page or phone cannot denature the object or content of the advertising. Finally, if a toll-free number is chosen, it must be available, at least, on the days and hours in which the supplier commercializes its goods and services.
We celebrate this Resolution that optimizes the resources of advertisers and media and allows for more detailed information and efficiency to the consumer so that he can make founded decisions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.