New Resolution Of The Secretary Of Commerce Simplifies Advertising Disclaimers

Author:Ms Paula Fernandez Pfizenmaier (PAGBAM IP)
Profession:Global Advertising Lawyers Alliance (GALA)

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...

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