International Advertising Clearance - May 2004 - GALA

INTERNATIONAL ADVERTISING CLEARANCE
Legal Regulatory Structure Federal Federal, State and
Territory
Industry Self-Regulation? Yes, with codified
guidelines and dispute
resolution by Argentine
Chamber of Advertisers
as non-judicial arbitrator
for competitors who
voluntarily choose to
submit.
Comparative Advertising
Allowed? Issues? (See footnote
for explanation of "usual and
customary criteria")
Argentina Australia Austria Belgium Brazil
Yes, subject to usual and
customary criteria
Yes, by the Advertising
Standards Bureau which
has one board for public
complaints and another
for disputes between
competitors.
Yes, subject to usual and
customary criteria
Federal Federal primarily; some
Regional re: Flemish,
French-speaking and
German communities
Prohibited Product Ads? Tobacco and Rx drugs Tobacco Cigarettes, generally;
other tobacco, Rx drugs
spirits, and medical
treatment on Radio & TV
Use of famous person permitted
without permission?
Use of identifiable 3rd party
product permitted?
Specific Price Advertising
Restrictions (beyond being "not
misleading")?
Cultural Taboos / Legal
Restrictions?
No Yes, through codes of
conduct of several
industries and
increasingly through the
Jury for Ethical Practices
in Advertising, which also
serves a preventing
function.
Yes, per EU Directive on Yes, consistent with EU
Comparative Advertising Directive on
Comparative Advertising
Tobacco; Rx drug ads
are very heavily
restricted.
Federal
Yes The Self-regulating
Advertising Council, aka
CONAR, is widely used by
consumers and
competitors, & its
decisions, although nonbinding,
are normally
accepted by the parties
involved, and rarely
challenged before a
court of law.
Yes, subject to certain
principles & limits (see
long answer). Use of
competitor's trademark in
comparative advertising
may constitute
infringement.
Tobacco advertising is
prohibited on TV, radio
and in print. Outdoor ads
are allowed only near
the selling places.
Permission required Permission required Permission required Permission required Permission required
Yes, but risk of infringing
and/or unfair trade or
illegal competition
Yes, but take care re:
false association
No Full cash price must be
stated
No Advertiser Code of Ethics
requires that portray not
discriminate against or
vilify a person or a
section of the community
on account of race,
ethnicity, nationality, sex,
age, sexual preference,
religion, disability or
political belief.
Permission required Permission required General rules apply; no
specific restriction
Restrictions exist for Price indication is heavily Yes
premiums and combined regulated
price offers
No Language does matter a
great deal, even if there
is no general mandatory
requirement on use of
local language in
advertising
Complete Answers See Tab 3 See Tab 4 See Tab 5 See Tab 6 See Tab 7
*Various requirements for comparative ads include: accuracy and substantiation of claims based on proper, valid and reliable data, like to like products, comparisons only of meaningful features and current products/prices.
Racist advertising is
illegal. The Brazilian
Roman Catholic Church
often opposes the use of
the Christ image or
images of saints in
advertising.