Advertising of Products and Services: Unification of Regulations

On December 4, 2017, Resolution 915-E/2017 (the "Resolution") of the Secretariat of Commerce, under the Argentine Ministry of Production, was published in the Official Gazette. The Resolution unified the rules that regulate advertising for products and services, which were dispersed in numerous laws (Civil and Commercial Code, Consumer Protection Law, Fair Trade Law, etc.) which hindered their effective compliance at the expense of consumers.

The Resolution provides the following legal generic requirements (without distinction of the hierarchy of rules) for all advertisements:

1. They must not contain inaccuracies or concealments.
2. They must contain the clarifications or warnings that are established as mandatory by national or provincial laws and their regulations.
3. They must provide all the information related to the essential characteristics of the products and services advertised through a website or toll-free telephone line. Any reference to this information should be provided through the following phrases: for the website "For more information see ...” for the telephone lines "For more information, call the telephone for free ..." Regarding telephone lines, they must be available for at least the days and hours when the supplier commercializes the products and services.

Also, depending on how it is advertised, the Resolution provides the following additional requirements:

1. Printed media: The reference to the website or telephone line must be provided in a font size no less than 2 mm or 2% of the height of the advertising piece if it is intended to be displayed on the roadside. The wording must be legible, clear and should not confuse the reader.
2. Television and film media: The font size of the reference to the website or telephone line must be equal to or greater than 2% of the screen.
3. Radio: The reference to the website or telephone line must be provided clearly and audibly.
4. Digital media (Internet): The reference to the website or telephone line must be provided with typefaces that are easily readable, according to the device used.

Finally, the Resolution establishes different requirements for the prices of advertising depending on whether it is financed or non-financed:

1. Non-financed prices: this must include (a) the total amount that the consumer must pay and must be expressed in cash; (b) the brand, model, type or measure; (c) the country of origin of the product or service; and (d) the location and scope of the products and services.
2. Financed prices: advertising must include, in addition to the information required for non-financed prices: (a) the total financial cost; (b) full payment in cash; (c) the total price financed; (d) a down-payment, if any; (e) the amount and amount of the fees; and (f) the annual effective interest rate applied, calculated on the cash price in full. If the financing offered was for a previous savings system this must be mentioned.