International Advertising Clearance - May 2004 - GALA

A: Tobacco, some medications, professional services.
Q: What is your country’s law on privacy and/or rights of publicity regarding the use of famous
people in advertising without their express permission?
A: The image of any person at all cannot be used without their express permission,
with the following exceptions: a. Public officers during relevant or public acts; b. Casual
uses in which the person’s image is not relevant for the materials; c. Uses for strict
educational, scientific or police purposes.
Q: What is your country’s law on the use of other people’s products in advertising without the
product owner’s permission? For instance, if a mustard company used a very recognizable
automobile as part of its advertisement, would the automobile company have a right of action
against the mustard company for false affiliation or false endorsement?
A: Yes No
One may use someone else’s trademark if its use is considered “casual”, and its not
relevant to the ad nor consumers. If an average consumer interprets an affiliation
between both brands, the use requires prior permission from the trademark owner.
Q: Are there any restrictions or regulations with respect to price advertising?
A: All advertised prices must be final, including all applicable taxes. If a special offer
is mentioned, both old and new prices must be included. Any ad that does not provide
any information relevant to determine the real price of the product is considered
misleading.
Q: Are there any laws, restrictions or regulations which are particular to the culture of your
country which affect advertising, e.g. Swedish gender equality law?
A: Yes No
There are some restrictions that are common in other Latin American countries. These
include restrictions on the use of images of women, advertisement in foreign languages,
and prices announced in foreign currency.
Q: Are there any cultural norms that should be considered when preparing advertising to be
disseminated in your country (e.g. a strong religious or ethnic presence that might affect the
appropriateness of certain creative material or advertising messages)?
A: Costa Ricans are normally non-violent, and also normally avoid direct
confrontations. For this reason, the public has usually disliked direct comparisons.
Similarly, aggressive campaigns that have been successful in other countries are not very
much accepted in Costa Rica.
Q: Is there any other general advice or cautions you would give to advertisers operating in your
country?
A: In many ways, Costa Ricans are very different from other Latin Americans. It is
very common that ads tested in other countries ineffective in Costa Rica, and successful
in many neighbouring countries.