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| AMERICAS: PERU |
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PERUVIAN UNFAIR COMPETITION LAW
Author: Teresa Tovar
Estudio Echecopar Abogados
On June 26, 2008 the Peruvian government enacted Legislative Decree 1044, Unfair Competition Law (hereinafter, the UCL). The UCL unifies in one single normative body the regulation on unfair competition and commercial advertising: (i) Law Decree 26122 - Unfair Competition Law and; (ii) Legislative Decree 691Regulations regarding Commercial Advertising. This change has been positive because in the past these two Laws have been in conflict due to the almost identical nature of the acts involved in unfair competition and unfair advertising practices (for example, acts of deceit, denigration, among others). 
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| ASIA & PACIFIC: AUSTRALIA |
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ACCC CONTINUES TO PURSUE GREEN CLAIMS
Authors: Peter LeGuay & Holly Gay
Thomson Playford Cutlers
On 21 August 2008 the ACCC instituted legal proceedings in the Federal Court of Australia against SeNevens International Ltd {“SeNevens”} concerning their promotion of its disposable Safeties Nature Nappy product as being “100 per cent biodegradable”.
The action comes following numerous other ACCC investigations over the last 12 months in respect of “green marketing” claims. In the October 2008 Gazette we reported on the ACCC’s action against GM Holden Limited, trading as Saab, concerning their “Grrrrrreen” advertising campaign.
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| EUROPE, MIDDLE EAST & AFRICA: SOUTH AFRICA |
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ASA’S FOOD & BEVERAGE CODE TO PROTECT CHILDREN
Author: Kelly Thompson, Adams & Adams
The Advertising Standards Authority of South Africa’s Code of Advertising Practice has been amended to include provisions which place restrictions on the advertising of certain foods and beverages to children.
The ASA is a self-regulatory body established and comprised of marketing and advertising industry bodies and media owners. Its Code of Advertising Practice sets out principles to which all advertisements, whether on television, radio, in print, outdoor, on the internet or in any other media, must adhere.
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