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PARAGUAY
Carlos Cazaña
BERKEMEYER Attorneys and Counselors
carlos.cazana@berke.com.py
www.berke.com.py
Case Report TV commercials; Posters; Banners; Radio advertisements
Topic: “You like football, you like PILSEN”
Where: Advertising Self-Regulation Council of CERNECO (CONAR); Board of
Directors of CERNECO
When: July 15 th , 2004
What Happened: In Paraguay, conflicts related to advertising, marketing and promotions have
been very scarce lately, and most of them have been related to Law 1333/98
“WHICH REGULATED MARKETING AND ADVERTISING OF TOBACCO
AND ALCOHOLIC BEVERAGES”. Article 8 of this Law says: “It is strictly
prohibited publicity of tobacco and alcoholic beverages that: a) uses figures of minors, as
well as characters or people that are representative for children or teenagers; (...) c) that
is related to sport or athletic activities that require good physical condition, or that may
be related to practice of said activities on any way. Excluded from this prohibition are
ads of motor sport activities such as car racing, motorbikes, boats, where trademarks of
products just appear”.
The most recent claim that CONAR analyzed, was filed on July 15 th , 2004, by
the National Union Against Alcohol Consume of Youth (CONACOL), based on
a marketing campaign initiated by the main Paraguayan beer company.
As a significant element of said campaign, a phrase was launched that stated
“You like soccer, you like PILSEN (beer brand)”. TV and radio spots, newspaper
ads, banners and posters were issued around this concept.
This marketing campaign appeared by the first months of 2004, when South-
American soccer play-off games for the World Soccer Championship in
Germany 2006 started.
At Decision N° 01/05 dated January 17 th , 2005, CONAR declared that the use of
said phrase and the materials that were part of the campaign meant a breach to
mentioned article 8 of Law 1333/98. Therefore, they should be modified or
eliminated.
Unlike most previous cases where CONAR’s decisions were accepted by both
parties (CONAR’s decisions are not enforceable legally for they are the award
of a private tribunal), the defendant decided to appeal Decision N° 01/05. It
was the first time a CONAR decision was appealed, though this defence is
regulated at the Code of Self-Regulation of CERNECO.
According to said Code, an appeal must be decided by the Board of Directors
of CERNECO. Therefore, on February 15th , 2005, the Board of Directors of
CERNECO analyzed the case and most of their members voted in favour of
confirming Decision N° 01/05 of CONAR.
Comments: This decision of the Board of Directors of CERNECO is very important not only
because of its novelty, but also because it proves that advertising selfregulation
and the institutions that impose it in Paraguay work effectively.