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AMERICAS: BRAZIL

New Rules Governing Publicity
Author: Pedro Carneiro, Veirano Advogados

On  September 1, 2006, the Brazilian Council for the Self Regulation of Publicity (CONAR) enacted new rules governing the publicity of food products, soft drinks, juices and other similar beverages as well as rules to be observed when advertisements involve products destined to be consumed by children. 

The new provisions introduced into the Code for the Self Regulation of Advertising reflect the positions taken by CONAR over recent years after analyzing cases involving the advertising of such products.  CONAR’s aim is to strengthen the rules of ethics in the advertising business which is a worldwide trend in the industry.

The new rules reinforce the role of advertising as a tool to support the efforts of parents and educators in raising children.  Among the modifications introduced is prohibiting the use of imperative appeals such as "Ask mummy to buy..." and peer to peer suggestions such as "Do as I do and buy..."

Where the advertising involves ready to eat fast food products such as chips, sweets, soft drinks, and the like, the rules discourage advertisements that promote excessive consumption or that suggest a connection between food consumption and social or sexual success or the promotion of the product as a substitute for a meal.  Finally, the rules stress the need for advertisers to use official terminology in the presentation of a product such as correctly using terms such as "diet", "light" and "no sugar".